- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 27.4.2011 passed by the Motor Accidents Claims Tribunal, Allahabad in Motor Accident Claim Case No. 578 of 2009 filed by the claimant respondent nos. 1 to 5 on account of the death of Brij Gopal Sharma in an accident which took place on 2nd June, 2009 at about 10.00 P.M.
(2.) THE case setup in the Claim Petition was that on 2.6.2009 at about 10.00 P.M., the Driver of the Truck bearing Registration No. UP 70 AT/2785 (hereinafter also referred to as "the vehicle in question") driving the same rashly and negligently, hit the said Brij Gopal Sharma from behind, as a result of which the said Brij Gopal Sharma sustained serious injuries and consequently died on the spot. The respondent no. 6 was the owner of the vehicle in question while 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.;