( 1 ) THE appellants-claimants have preferred this appeal under section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'm. V. Act' tor brevity) Feeling aggrieved by the award dated 27 4 2004 passed by Fifth Additional motor Accidents Claims Tribunal, chhindwara in Claim Case No. 26 of 2002 whereby appellants' claim for Rs 12,00,000 compensation amount has been dismissed

( 2 ) BRIEF facts of the case which are necessary for the decision of this appeal are that deceased Sanjay alias Radhey Shayam shukla was the son of appellant Nos 1 and 2 and husband ot the appellant No. 3 and father of the appellant No. 4 On 2 5 1999 deceased Sanjay alias Radhey Shayam was travelling m a minibus bearing No. MP 20 C 9907 going to Narsinghpur Afore-said bus was driven by respondent No. 1, the legistered owner of the minibus was respondent No. 2 and it was insured with new India Assurance Co. Ltd. , Jabalpur, respondent No. 3 On the way near village kundali, the driver of the bus drove the bus rashly and negligently Therefore, the bus turned and fell down on the road thereby the deceased Sanjay alias Radhey Shayam sustained grievous injuries on his body and he was immedia