Jaya Roy, J.

Heard the parties.

2. This appeal has been filed by the Claimants against the Judgment and award dated 5.2.2004 passed by the Motor Vehicle Accident Claims Tribunal cum Additional District Judge, Lohardaga in Comp. Case No. 49/1994/50/1994 dismissing the claimant's claim for compensation for death of Bhuneshwar Prasad Jaiswal who died on 9.11.1993 after the accident occurred due to rash and negligent driving of the Arbind Bus having Registration No. BR-24P-0035/UP 65A-4263. It is alleged that Bhuneshwar Prasad Jaiswal was traveling in the Bus as he was agent of the Bus and his age was about 34 years. The claimants are mother of the deceased namely Anand Kunwar Devi, wife of the deceased Smt. Bindu Devi and their minor sons (i) Bikram Kumar (ii) Shivam Kumar (iii) Satyam Kumar and one minor daughter Miss Neelam Kumari.

3. The claimant's case is that the deceased was bus agent and was traveling in the Bus and he was earning about Rs.5,000/-(Five thousand) and his age was 34 years at the time of said accident. They claim compensation of Rs.10,00,000/-(Ten lakhs.). The case of the claimants are that Bhuneshwar Prasad Jaiswal (the deceased) was agent of the Bus and on 9.11.93 he boarded the Bus at about 4 O'clock in the morning for checking the passenger's tickets. The driver of the vehicle all of a sudden moved the bus rashly and negligently and due to that there was sudden Jark and Bhuneshwar Prasad Jaiswal fell down from the Bus on the road, he shouted for stopping the bus but the driver of the bus without taking any notice of his call, drove the bus negligently and fled away. Bhuneshwar Prasad Jaiswal sustained grevious multiple injuries on his person, subsequently he was taken to Ghaghra Hospital, but he died at the hospital.

4. That the opposite party No.2 the New India Assurance Co. Ltd. appeared and filed written statements on 21.4.1995 controverting the statements made in the claim petition stating interalia that claim application is hopelessly barred by law of Limitation as the accident has taken place on 9.11.93 and claim petition was filed on 16.5.94. The claimants has not deposited relevant documents required under the Bihar Motor Vehicles Rules 1992. The opposite party no.1, Akhilesh Kumar Singh owner of the alleged bus involved in the accident has not appeared in the case inspite of Gazette publication.

5. In order to prove their case the claimants/appellants examined as may as Nine witnesses. Claimants witness No.7 is Bindu Devi wife of the deceased and she is claimant No.2. All of them have stated that Bhuneshwar Prasad Jaiswal was working as bus agent of Arbind Bus and other buses. He was working as agent of total seven buses. Applicants witness No.1, Arjun Thakur an assistant of Bhuneshwar Prasad Jaiswal in para-10 of the evidence has stated that during ordinary time Bhuneshwar Prasad Jaiswal was earning Rs.300/-per day and during labourers migration period was earning Rs.1000/-per day. The learned tribunal after considering all the evidence about income of the deceased Bhuneshwar Prasad Jaiswal come to a finding that his monthly income was Rs.5000/-(fife thousand) per month. The learned tribunal considering the evidence regarding issue No.4 about rash and negligent driving of the Bus and validity of the driving license came to a finding at para 21 and 22 of the judgment holding that the alleged bus was not driving rash and negligently at the relevant time of accident and the Driver had a valid driving license not established and the Insurance Company could not be held liable to compensate.

6. Mr. Arbind Kumar Lal, the learned counsel appearing for the appellants, has submitted that applicants/ appellants witness nos.1 and 9 are eye witnesses to the occurrence who have stated in their evidence that the accident took place due to rash and negligent driving of the driver and Bhuneshwar Prasad Jaiswal was traveling in the bus as agent of the bus inspite of that the learned tribunal has dismisse