1. This appeal filed under S.173 (1) of the Motor Vehicles Act, 1988 by the claimants is directed against the judgment and award dated 5.9.2008 passed by the Additional Civil Judge (Sr. Dn.) and M.A.C.T., Tumkur in M.V.C. No. 745 of 2000.

2. The appellants as wife and children of deceased Sreedhar filed claim petition under S.166 of the Motor Vehicles Act seeking compensation of Rs. 26,01,980 for the death of said Sreedhar in the motor vehicle accident that occurred at about 00.30 hours in the intervening night of 6/7.2.2000. According to the case of the claimants, in the night of 6.2.2000 deceased Sreedhar boarded K.S.R.T.C. bus bearing the registration No. KA 22 - F 833 to go to Mangalore. While the bus was proceeding on Kushalnagar - Madikere section of the National Highway, at about 00.30 hours on 7.2.2000 near Madapatna village, the bus collided with an ongoing tractor - trailer bearing registration No. KA 12 - T 370 as a result of which the deceased who was sitting in the front row behind the driver, suffered grievous injuries and immediately he was shifted to Government Hospital at Kushalnagar where he succumbed to the injuries at about 2 a.m. on the same day. Thus according