- (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 30.4.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Petition No. 1037 of 2009 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place on 6.7.2009 at about 8.00 A.M..
(2.) It was, interalia, averred in the Claim Petition that on 6.7.2009, the claimant-respondent no.1 was coming to Office from his village on Bicycle; and that when at about 8.00 A.M., the claimant-respondent no.1 reached the Bhatta beyond Chhote Hasanpur, a Motor-Cycle bearing Registration No. UP 15 AD 3296 (hereinafter also referred to as "the vehicle in question"), which was being driven by its driver rashly and negligently, hit the Bicycle of the claimant-respondent no.1 from behind, as a result of which, the claimant-respondent no.1 fell down on the road and sustained serious injuries; and that the claimant-respondent no.1 was admitted to various Hospitals and remained under treatment, and he was still undergoing treatment; and that on account of the accident, the claimant-respondent no.1 became permanently disabled ; and that the claimant-respondent no.1 was Class-IV employee in Meerut Office of the U.P. Avas & Vikas Parishad and used to get Rs. 11,000/- per month as salary.
(3.) It was, interalia, further averred in the Claim Petition that the respondent no.2 (Sushil Kumar) was the owner of the vehicle in question and the respondent no. 3 ( Suraj Pal Singh) was the driver of the vehicle in question, while the Appellant-Insurance Company was the insurer of the vehicle in question.;