The appellants/claimants have filed this appeal under section 173 of the Motor Vehicles Act (in short 'the Act') for enhancement of the sum awarded by the Vth MACT, Morena in Claim Case No. 31/04 vide award dated 12-8-2005 whereby their claim with respect of vehicular death of Tarun aged 22 years the son of appellant No. 1 and 2 while brother of appellant Nos. 3 and 4, has been awarded against the respondents for the sum of Rs. 2,43,500/- along with interest at the rate of 6% per annum from the date of filing the claim petition if the payment is made within two months and if the payment is made beyond this period then @ 9% per annum. The liability to pay such sum is saddled jointly and severally against both the respondents.

2. The facts giving rise to this appeal in short are that the appellants herein filed the claim petition in the aforesaid tribunal contending that on 19-8-2003 at about 12 O' clock in the night, the aforesaid Tarun Agarwal, aged 22 years while riding his Yamaha motorcycle MH-14-T/1057 reached in front of the gate of Court compound, Pune. At the same time from the side of Kamguar statute a PMT bus bearing Registration No. MH-12-AR/7942 driven by respond