Vinod K. Sharma, J.

This appeal, by the U.P. State Road Transport Corporation, is directed against the award dated 11.1.2010, passed by the learned Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri, allowing the claim petition filed by claimant-respondent No. 1, u/s 166 of the Motor Vehicles Act, 1988.

Claimant-respondent No. 1 sought compensation on account of death of Harsh Deep, who was aged about three years, in a motor vehicle accident on 19.5.2008. It was the pleaded case of the claimant-respondent No. 1 that the accident had occurred due to rash and negligent driving of bus bearing registration No. UP 21-L 9850 by respondent No. 2 herein, in which Harsh Deep died. F.I.R. regarding the accident was also registered against respondent No. 2. The defence raised was that the accident had not occurred due to rash and negligent driving of respondent No. 2. The learned Tribunal, on appreciation of evidence, recorded a positive finding that the accident took place on 19.5.2008 due to rash and negligent driving of the bus bearing registration No. UP 21-L 9850 by the respondent No. 2, which resulted in death of Harsh Deep. On issue No. 2, keeping in view the fact that d