This appeal has been preferred against the judgment dated 26th November, 2011 and award dated 15th December, 2011 passed by District Judge-cum-Claims Tribunal, Gopalganj in Motor Vehicle Claim Case No. 17 of 2010, awarding a sum of Rs. 20,25,000/- with interest @ 9% per annum as compensation of death of one Raman Tiwary @ Yunish Tiwary aged about 19 years and student of Diploma in Information Science at S.C.T. Polytechnic, Bangalore, who died on 13.12.2008 in an accident taking place at about 7.00 a.m. near village Sirisia Babu Tola under P.S. Kuchaikote in the District of Gopalganj by a Bus, bearing Registration No. – BR-28A-5994 coming towards Kuchaikote while the deceased was going on Motor-Cycle, bearing Registration No. – BR-28B-3155 belonging to his relative. Admittedly, Kuchaikote P.S. Case No. 193 of 2008 was instituted at the instance of village Chowkidar, wherein, the driver of the said Bus has been facing trial after submission of the charge-sheet.

2. Admittedly, the deceased was unmarried and his parents are claimants, who came forward with a case that the deceased having good academic record and already passed second year of his studies had not only been continuing the remaining studies, but simultaneously had also earning a sum of Rs. 15,000/- per month through private tuition and parting with handsome amount to his parents. At the time of accident, he was going on the bike with others and in precarious condition brought to hospital where after some treatment, he died. Consequently, a claim for Rs. 39, 25,000/- was put forward.

3. It is contended on behalf of the appellant that the claimants have not been coming with clean hands as they are conspicuously silent about other companions of the deceased on the bike. Practically no eye-witness has been examined and it was the deceased, who having two more pillion riders was instrumental in fatal accident and he was simply an student having no other income. On the other hand, learned counsel representing the claimants-respondents submitted that on the point of income, one of the pupils of the deceased has already been examined besides another witness having seen the occurrence from a distance of about two Lagas, but the learned counsel could not explained how and under what circumstances, the informant of the case and the pillion riders could not be produced and examined.

4. Before going into other materials, Exhibits - 1 & 2 respectively the First Information Report and the Charge-sheet, submitted in Kuchaikote P.S. Case No. 193 of 2008 need to be examined and considered. From the Fardbeyan of the Chowkidar (not examined) which forms part of the First Information Report (Exhibit -1), it appears that on the said bike three persons were going on and dashed with a Bus, wherein, one of them, identified as Kisan Sah, S/o Dwarika Sah of Village Gaddi Tola, P.S. Mazagadh, District Gopalganj, was died on the spot and remaining two, including the present deceased, Raman Tiwary @ Yunish Tiwary and Vinod Sah, S/o Jagar Tiwary of Village Gawandri, P.S. Thawe were sent to hospital in injured state for treatment. Exhibit - 2 (Charge-sheet) indicates that remaining two injured persons, including the deceased, also died one by one, but this is unfortunate that the claimants are silent about all such happenings.

5. The Claim Tribunal also did not take care of, even there is nothing on the record to show as to whether there is/are any other claim case/cases arising out of same accident preferred/pending or not. The claimant, the father of the deceased, was examined as A.W. 1 in spite of stating filing of the Kuchaikote P.S. Case No. 193 of 2008 and submission of Charge-sheet against the Driver of ill fated Bus, conspicuously silent about other injured persons/deceased or anyone as pillion rider. Though, in cross-examination, he admits that one Kisan Sah was also accompanying his son, but still he maintained silence about fate of said Kisan Sah (who as per Exhibit - 1 died at the spot)