- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/ Award dated 22.03.2010 passed by the Motor Accidents Claims Tribunal, Gorakhpur in Motor Accident Claim Case No. 42 of 2008 filed by the claimant Respondent Nos. 1 to 5 on account of the death of Tabarak Ali in an accident which took place on 20.12.2007 at about 4 O' clock in the evening.
(2.) It was, interalia, stated in the Claim Petition that the said Tabarak Ali was going from his residence to Gulriha Bazaar on bicycle at about 4 O' clock in the evening on 20.12.2007 for purchasing necessary domestic articles; and that when the said Tabarak Ali reached near Gulriha Bazar, a Tata Picup Van bearing Registration No. BR06N2579 came from behind without blowing horn and hit the said Tabarak Ali, as a result of which, the said Tabarak Ali was seriously injured, and he died during his treatment at Medical College, Gorakhpur during the night of 25/26.12.2007.
(3.) It was, interalia, further stated in the Claim Petition that the said Tabarak Ali was aged about 50 years at the time of the accident, and he was engaged in the occupation of tailoring and was earning Rs. 3,000/per month; and that the claimant Respondent Nos. 1 to 5 were dependant on the said Tabarak Ali.;