Devi Prasad Singh and S. C. Chaurasia, JJ.—Heard Sri Prabhakar Tewari, learned counsel for the appellants, learned counsel for the respondents and perused the record.

The present first appeal from order has been preferred under Section 173 of the Motor Vehicles Act against the impugned award dated 28.8.2003, passed by the M.A.C.T./Ist Additional District Judge, Gonda in M.A.C. No. 34 of 2001, Smt. Vidya Devi and others v. U.P.S.R.T.C. and another.

2. The brief facts, giving rise to the appeal, are that Ram Bahore Pandey, who happens to be driver of the appellants' bus was killed by robbers on 22nd June, 2000. He was driving the Bus No. U.P. 42C 1505 carrying the passengers from Delhi to Gonda in the intervening night of 22/23rd June, 2000 on G.T. Road within the Police Station-Rampur, district-Sitapur, near Khageshia Mau, the said bus was stopped by the robbers. During the course of night robbery, driver of the bus, Ram Bahore Pandey, had tried to oppose the robbers from looting the bus and in consequence thereof, he was killed by the robbers. An F.I.R. of the incident was lodged and the claimants-dependents of the deceased, Ram Bahore Pandey, filed a claim petition under Se