N.K. Mody, J.

Being aggrieved by the award dated 23.3.2005 passed by M.A.C.T., Bhanpur in Claim Case No. 11 of 2004 whereby the claim application filed by the appellants was allowed and in a death case a sum of Rs. 1,67,000 was assessed as compensation, out of which 50 per cent was deducted on account of contributory negligence on the part of deceased, the present appeal has been filed. Short facts of the case are that the appellants filed a claim petition alleging that Deepak was son of appellant Nos. 1 and 2, husband of appellant No. 3 and the father of appellant No. 4 who was going on motorbike on 12.11.2003 along with Rafeeq and Firoz. It was alleged that on that day at about 5.30 p.m. the said motorbike met with an accident with a jeep bearing registration No. MP 14-C 2803 which was being driven rashly and negligently by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 4. It was alleged that since accident occurred because of rash and negligent driving of jeep driver, therefore, claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 4 on various grounds including the ground that deceased was