H.G. Mishra, J.

1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 against the award dated 26.3.79 passed by the learned Motor Accidents Claims Tribunal, Mandleshwar dismissing the claim of the Appellants.

2. Facts essential for the decision of the appeal are as under:

The claimant-Appellants submitted on 23.6.1978 an application for compensation under Section 110-A of the Motor Vehicles Act, 1939 (for short, the Act) before the learned Claims Tribunal on the allegations that the claimant No. 1 is wife, claimant Nos. 2 3 and 4 are minor sons and claimant No. 5 is mother of Ramsumaran Pandey, the deceased. It was on 28.12.1977 at about 10 30 a.m. that on a Bullet motor cycle bearing registration No. MPM 6155, driven by Gopaldas (AW6), Sureshchandra (AW2) and Ramsumaran Pandey were sitting one after the other on its pillion. They were going to Anjad. When they came near a culvert between villages Mandwada and Fatyapur, head light of the motor cycle was switched on. It was at this time, that they saw a local passenger bus (bearing registration No. MPF 7498) coming from the opposite direction at a fast speed. The speed of the bus was not lowered down inspite