JUDGMENT :

The instant civil miscellaneous appeal under Section 173, Motor Vehicles Act is directed against the judgment and award dated 16.09.2004 passed by the learned Motor Accident Claims Tribunal, Banswara (hereinafter referred to as the learned Tribunal) in Claim Case no. 173/2002 whereby the claim application filed by the claimants-appellants under Section 166 of the Motor Vehicles Act (for short hereinafter called; “MV Act”) was allowed in part and they were granted compensation to the tune of Rs. 60,000/- with interest @ 6% per annum.

2. Briefly stated, the facts giving rise to the present appeal are that on 11.05.2002, the deceased Smt. Kama was going to her village Madali when a motorcycle bearing no. RJ-03/3 M 4163 being driven by respondent no. 3 came from behind and hit her. The deceased sustained severe injuries and thereafter, she died. A claim application was filed by the claimants which was partly allowed by the learned Tribunal and a compensation of Rs. 60,000/- was awarded to claimants. Aggrieved by the said award, the claimants have preferred the present appeal.

3.