( 1 ) MOTOR Accidents Claims tribunal, Bidar has by the order impugned in this appeal dismissed M. V. C. No. 114 of 1995 filed by the appellant for payment of compensation for the death of Shivaraj matapathy in a motor accident. The present appeal filed by the claimants assails the correctness of the said judgment and order.

( 2 ) THE appellants happen to be the widow, mother and minor children of late shivaraj Matapathy who filed M. V. C. No. 114 of 1995 before the Tribunal for the payment of compensation for the death of shivaraj Matapathy. The case of claimants as set out in the claim petition was that shivaraj Matapathy was travelling to village Khashampur, Aurad Taluk from Bidar in connection with a certain cultural programme to be conducted by him. He boarded a K. S. R. T. C. bus at Bidar bus stand at about 6. 30 p. m. on 17. 1. 1992. Since the bus was full of passengers, the deceased was asked to travel on the roof of the bus. The deceased accordingly climbed to the roof of the bus and started his journey. At one of the stations on the way, the deceased had according to claimants come down from the top of the bus to request the conductor of the bus to allow him to