NUTAN D. SARDESSAI, J.

This appeal takes exception to the award passed by the learned Motor Accident Claims Tribunal (“MACT” for short hereinafter) dated 17.11.2005 pursuant to which the learned MACT dismissed the petition. It goes without saying that the appellants are the original claimants being the parents of the deceased who had maintained the petition against the respondents for claiming the compensation in the amount of Rs. 4,00,000/-on the demise of their son in a vehicular accident.

2. A brief narration of the facts would not be misplaced inasmuch as the appellants who are hereinafter referred to as the claimants had carved a case that their 22 years old son was employed as a Clerk cum Manager and drawing a salary of Rs. 3000/-per month and was involved in a fatal accident on the main road leading from Titan towards Vasco while riding his Kinetic Honda Scooter and proceeding from Titan side towards Vasco, being hit by the driver of the tipper coming from the opposite direction. The respondents had taken a plea that the vehicle referred to was not driven by the respondent no.1 nor any other vehicle belonging to the respondent no.2 was driven by him and not involved i