- (1.) The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the judgment and order/award dated 17.4.2010 passed by the Motor Accidents Claims Tribunal, Jaunpur in Motor Accident Claim Petition No. 84 of 2009 filed by the claimant-Respondent Nos. 1 to 5 on account of the death of Sunil Kumar Singh in an accident, which took place on 26.9.2008 at about 8.30 a.m.
(2.) It was, inter alia, averred in the Claim Petition that on 26.9.2008 at about 8.30 a.m. the said Sunil Kumar Singh alongwith his father Amar Bahadur Singh (claimant-Respondent No. 4) was going for worship on Motor Cycle bearing Registration No. UP 62G-9137; and that when they were going on National Highway No. 56 near village Mirsadpur, Police Station Badlapur, an Innova Car bearing Registration No. UP 32 CH-6426, which was being driven rashly and negligently by its driver, dashed the said Sunil Kumar Singh and Amar Bahadur Singh from rear side; and that in the accident the said Amar Bahadur Singh (father of the said Sunil Kumar Singh) received grievous injuries, which resulted in 40% disability, while the said Sunil Kumar Singh was squeezed off, upto 200 yards on road by the said Car driver; and that the said Sunil Kumar Singh was badly injured and was brought to Private Health Centre, Badiapur for treatment; and that having seen the need for prompt and intensive treatment, the Doctor referred the said Sunil Kumar Singh to Banaras Hindu University; and that without any further delay, the said Sunil Kumar Singh was taken to Banaras Hindu University but he died on the way on account of the injuries sustained by him in the said accident; and that a Report in this regard was lodged against the driver of the said Innova Car at Badiapur Police Station; and that the said Sunil Kumar Singh was a Teacher in the district Chandauli. The said Innova Car has hereinafter also been referred to as "the vehicle in question".
(3.) Copy of the Claim Petition has been filed as Annexure-1 to the affidavit accompanying the stay application filed with the Appeal.;