- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 25.5.2011 passed by the Motor Accidents Claims Tribunal, Baghpat in Motor Accident Claim Case No. 42 of 2009 filed by the claimant respondent nos. 1 and 2 under Section 163A of the said Act on account of the death of their son Master Vikas in an accident which took place on 24.1.2009 at about 7.30 A.M.
(2.) THE case setup in the Claim Petition was that on 24.1.2009, the said Master Vikas was going to his school in the morning; and that at about 7.30 A.M., a vehicle, namely, Eicher Canter bearing Registration No. UP 17 A9336 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently hit the said Master Vikas from behind, as a result of which, he sustained fatal injuries and died on the spot. The respondent no. 3 was the owner of the vehicle in question, while the respondent no. 4 was the Driver of the vehicle in question. The Appellant Insurance Company was the insurer of the vehicle in question.
(3.) AFTER exchange of the pleadings between the parties, the Tribunal framed Issues in the said Claim Case.;