Jaya Roy, J.

Heard the parties.

2. This appeal has been filed by the Claimants against the Judgment and award dated 5.2.2004 passed by the Motor Vehicle Accident Claims Tribunal cum Additional District Judge, Lohardaga in Comp. Case No. 49/1994/50/1994 dismissing the claimant's claim for compensation for death of Bhuneshwar Prasad Jaiswal who died on 9.11.1993 after the accident occurred due to rash and negligent driving of the Arbind Bus having Registration No. BR-24P-0035/UP 65A-4263. It is alleged that Bhuneshwar Prasad Jaiswal was traveling in the Bus as he was agent of the Bus and his age was about 34 years. The claimants are mother of the deceased namely Anand Kunwar Devi, wife of the deceased Smt. Bindu Devi and their minor sons (i) Bikram Kumar (ii) Shivam Kumar (iii) Satyam Kumar and one minor daughter Miss Neelam Kumari.

3. The claimant's case is that the deceased was bus agent and was traveling in the Bus and he was earning about Rs.5,000/-(Five thousand) and his age was 34 years at the time of said accident. They claim compensation of Rs.10,00,000/-(Ten lakhs.). The case of the claimants are that Bhuneshwar Prasad Jaiswal (the deceased) was agent of the Bus and