SANJAY MISRA, J. - (1.) THIS First Appeal From Order under Section 173 of the Motor Vehicles Act has been filed by the State of U.P. against the JUDGMENT and award dated 27.5.1989 passed by the Motor Accident Claims Tribunal, Meerut in M.A.C.P. No. 113 of 1987 Raj Kumari v. State of U.P. & Others. Sri V.C. Dixit learned Standing Counsel for the appellant and Sri Siddharth learned counsel for the claimant respondent have been heard.
(2.) THE facts of the case are that on 11.8.1987 at about 6.20 p.m. Sri Anuj Kumar aged about four years died due to an accident with the Truck No. URW - 0637 belonging to the PAC. The case setup by the claimant respondents was that the grandfather of the boy was eye witness to the accident and he deposed that the truck met with the accident and his grandson Sri Anuj Kumar came under wheels of the truck and died. According to the appellants the truck did not met with an accident but passed through the accident site and the driver stopped the truck when he heard some noise behind the truck on the left side of the road to enquire and found that a cycle was lying on the left side of the road a girl Sunita aged about 10 -12 years was lying on the left side and the boy Anuj was lying on the road on the right of the cycle. The driver along with Rajveer Singh the grandfather of the boy who was on the spot took the injured to the hospital but he was declared dead by the doctors. According to the appellants no accident took place with the truck in question and the boy died due to head injury suffered by the fall from the cycle.
(3.) THE Tribunal considered the evidence and came to a conclusion that even if there was no collusion between the truck and the cycle the mere fact that the accident occurred when the truck was on the spot indicates that Anuj died due to falling from the cycle. The Tribunal recorded that there was no clinching evidence regarding any collusion between the two vehicles but has held that the injuries suffered by Anuj Kumar were due to the falling from the cycle.;