- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/ Award dated 9.3.2010 passed by the Motor Accidents Claims Tribunal, Hapur (Ghaziabad) in Motor Accident Claim Case No. 369 of 2007 filed by the claimant-respondent nos. 1 to 6 on account of the death of Hari Ram in an accident which took place on 4.6.2007 at about 6 P.M.
(2.) The case of the claimant-respondent nos. 1 to 6 was that on 4.6.2007, the said Hari Ram (husband of the claimant- respondent no.1) had gone to bring certain articles to Gulawathi sitting on the Tractor of Yashpal Singh (respondent no. 9 herein) driven by Yashpal Singh, and was returning to the village on the same Tractor; and that when at 6 P.M., the said Tractor reached near Kale Samadhi, village-Samayee, the driver of the said Tractor, namely, Yashpal Singh (respondent no. 9 herein) driving rashly and negligently suddenly applied brakes, as a result of which, the said Hari Ram fell down from the Tractor, and was caught in-between the wheel and the mud-guard of the said Tractor resulting in serious injuries to the said Hari Ram; and that the said Yashpal Singh pulled out the said Hari Ram from the mud-guard of the said Tractor; and leaving the said Hari Ram on the spot, ran away with the Tractor; and that when Sohanpal and others were taking the said Hari Ram for treatment, the said Hari Ram died on the way; and that the First Information Report against the said driver of the Tractor, namely, Yashpal Singh was lodged by Amar Singh, elder brother-in-law of the claimant-respondent no.1; and that the said Hari Ram was aged about 28 years at the time of the accident, and was physically fit; and that the said Hari Ram used to earn about Rs. 6,000/- per month in Thekadari as mason and about Rs. 3,000/- per month by selling milk of buffalo, i.e., his total earning was Rs. 9,000/- per month whereby the claimant-respondent nos. 1 to 6 were maintained; and that the respondent nos. 7, 8 and 9 herein were the owners of the said Tractor while the Appellant- Insurance Company was the insurer of the said Tractor.
(3.) The said Tractor bearing Registration No. U.P. 14AK 8524 has hereinafter been also referred to as "the vehicle in question".;