JUDGMENT :

[J.J. Munir, J.]

1. This is an owner's appeal, arising out of a judgment and award passed by the Motor Accident Claims Tribunal, awarding compensation to the claimants, but relieving the insurers of their liability.

2. The accident giving rise to this claim happened on 3.7.2009 at about 12:00 noon within the local limits of Police Station Mohanlalganj. The deceased, Ram Kumar alias Kunware was proceeding on a bicycle alongwith his daughter. As he reached the Dahiar Turn, a motorcycle bearing Registration No. UP-32CQ-7136 proceeded from the side of Mohanlalganj, which was driven at a high speed and negligently. It hit Ram Kumar, leading to grievous injuries. He was rushed to the Government Hospital, Mohanlalganj, but before any aid could be extended, he passed away. The claimants are six in number. Smt. Nanhakai is the deceased's widow, whereas Rupesh, Dileep and Sandeep are his sons. Km. Mamta and Km. Renu are the deceased's daughters. When the cause of action arose, out of the five children of the deceased, Rupesh alone was a major, aged 20 years. Dileep was aged 17 years, whereas Sandeep, 15. Km. Mamta and Km. Renu were aged 12 years and 8 years respectively. All the six claimants are arrayed as respondent Nos. 1 to 6 to this appeal. The owner of the motorcycle is the appellant, whereas respondent No. 7, the National Insurance Company Limited through its Zonal Manager, Nawal Kishore Road, Hazaratganj, Lucknow is arrayed as respondent No. 7.

3. The claim petition was brought by the six respondents to this appeal, who shall hereinafter be called the 'claimants', arraying Rajesh Kumar and the National Insurance Company Limited as the two opposite parties. Rajesh Kumar shall hereinafter be referred to as 'the owner' whereas the National Insurance Company Limited aforesaid shall be called 'the insurers', unless the context necessitates a particular reference.

4. The claimants asked for a compensation in the sum of Rs. 15,30,500/-. The Tribunal, after trying the petition, has allowed it in part, awarding a compensation of Rs. 3,16,800/- with 7% interest from the date of the award (for short, 'the impugned award') until realization. The awarded compensation has been directed to be paid by the owner, relieving the insurers of their liability.

5. Aggrieved, this appeal has been preferred by the owner.

6. Eschewing unnecessary details about the owner's and the insurers' case pleaded in the written statement, it would suffice to record that the owner has denied the accident and said that he reached the site of accident after it had already taken place. He stopped by the wayside upon coming across the accident. He was surrounded by the locals and implicated as the perpetrator. The stand of the owner is not to the effect that he was not the one who was riding the offending motorcycle. To the contrary, the owner's stand is that his vehicle was not involved in the accident, but while riding it, he chanced upon the site of accident. His vehicle was duly insured with the insurers and he was riding it with a valid and effective driving licence. His registration certificate and all necessary documents were in order. The owner raised a plea that liability, if any, would be that of the insurers.

7. The insurers put in their written statement, where they not only denied the factum of the accident or the involvement of the offending vehicle, but also pleaded that the claimants have neither supplied a copy of the cover note or the policy, so as to enable the insurers to ascertain whether the offending vehicle was insured with them. It was also stated in the insurers' pleadings that the claimants had not served a copy of the First Information Report, the charge-sheet in the criminal case and the site-plan. Also, a copy of the injury report, postmortem report etc. were not available in order to enable the insurers to ascertain the cause of death, and if it was referable to the injuries sustained by the deceased. A plea was also raised on be