A.S. Oka. J.-The appellant, who are the claimants in the claim petition filed under Section 166 of the Motor Vehicles Act. 1988 (for a short, hereinafter referred to as "the said Act") have preferred this appeal taking exception to the Judgment and Award dated 12th October, 2004 passed by the learned Member of the Motor Accident Claims Tribunal. South Goa, Margao.

2. One Sebastiao Fernandes died following the injuries sustained in a motor accident which took place on 22nd March, 1999 at about 5.20 p.m. The deceased was proceeding from Tilamol to Sanvordem by his scooter. When he reached Sonfatar, a bus gave a dash to him. The bus came from the rear side of the scooter and as a result of the dash given by the bus the deceased was knocked down. The deceased sustained serious injuries and while he was being taken to the hospital he died. The first respondent was driving the said bus at the time of the accident. The second respondent is the owner of the bus and the third respondent is the insurer of the bus.

3. In the claim petition the appellants claimed that at the time of the death the age of the deceased was 52 years. It is alleged that the deceased was working on board of th