Narendra Kumar Jain, J.- Heard the learned Counsel for the parties.

2. The claimant-appellants have filed this appeal under Section 173 of the Motor Vehicles Act against the Judgment of Motor Accident Claims Tribunal, Neem Ka Thana, Sikar in MAC No. 43/1989, whereby the learned Tribunal allowed the compensation of Rs. 80,000/-in favour of the appellants and deducted 40% out of it towards negligence on the part of the deceased, therefore, total compensation of Rs. 48,000/-was allowed.

3. The appellants are parents of the deceased Upendra Kumar, who was admittedly travelling in a bus by sitting on the roof top of it. The appellants filed an application for compensation in respect of death of Upendra Kumar who died while travelling on the top roof of the bus.

4. The Non-claimants No. 1 and 2, owner and driver filed their written reply wherein contents of the application were denied. The Insurance Company filed a separate reply to the claim petition and denied the contents of the application and submitted that their liability to the compensation is limited only upto 50,000/-.

5. The learned Tribunal framed 8 issues and also heard learned Counsel for both the parties. The claim