Rakesh Tiwari, Anil Kumar Sharma, JJ. - (1.) THE appellants who have lost their five years' son in the instant motor accident, have challenged the award dated 17.5.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Bulandshahr in M.A.C.P. No. 446 of 2009, whereby their claim petition has been dismissed. It appears that on 11.2.2009 Master Kapil aged 5 years, son of the claimants/appellants, was waiting for school bus after school hours outside Chaudary Veerpal Singh Uchchtar Madhyamik School, Bara, Bulandshahr. At about 1 p.m. Driver of the school bus No. U.P. 16K 9687, driving the vehicle rashly and negligently knocked down Kapil, who succumbed to the injuries on spot. Inquest upon cadaver of the deceased was performed and autopsy was also conducted. However, report of the accident was lodged on 21.10.2009 at police station Khurja Dehat being case crime No. 245 of 2009, against Dharmendra, driver of the aforesaid bus. The claimants filed the claim petition for award of Rs. 9,30,000/ -. The owner and insurance company of the bus denied the factum of accident alleging that a false report with inordinate delay has been lodged in collusion with driver of the bus who is closely related to claimant No. 1. The insurance company also pleaded breach of contract of the insurance. The Tribunal framed the following issues for adjudication:
(2.) IN order to prove their case, the claimants have examined Sunil Kumar (father of the deceased) P.W. -1 and Pratap Singh as eye -witness P.W. -2 while owner of the bus examined himself as D.W. -1. The claimants have also filed photo copy of the F.I.R., postmortem report, registration certificate, release order of the bus, insurance policy, permit, fitness certificate, order of A.C.J.M. passed on bail application of the driver, application submitted to the S.S.P., Bulandshahr and order of the Magistrate releasing the bus. Owner of the vehicle has filed photo copy of the registration certificate, fitness certificate, driving licence of the driver and insurance policy as also the inquest report. On behalf of the insurance company report of the investigator and Form No. 54 with regard to driving licence was filed. After hearing the parties and analysing the evidence in the case, learned Tribunal has found that the accident did not take place due to rash and negligent driving of driver of the bus No. U.P. 16K 9687 and that entire story set up by the claimant regarding the accident has been fabricated in collusion with driver of the case. It was further held that driver of the bus has no effective and valid driving licence on the date of accident. Since the claimants could not prove rash and negligent act/driving of the bus resulting in accident and death of Master Kapil, the claim petition had been dismissed by the Tribunal. Aggrieved the claimants have come up in appeal.
(3.) WE have heard learned Counsel for the appellant at length and also perused the impugned award and the supplementary -affidavit filed on behalf of the appellants on 22.8.2012.;