- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 19.3.2010 passed by the Motor Accidents Claims Tribunal, Etah in Motor Accident Claim Case No. 82 of 2009 filed by the claimant-respondent No. 1 on account of the death of Ramakant Upadhyaya in an accident which took place on 2nd December, 2008 at about 6.30 o'clock in the morning.
(2.) The case of the claimant-respondent No. 1 was that the said Ramakant Upadhyaya was a healthy young man aged about 22 years, and was employed on the post of Petrol Filling Man in M/s R.S. Filling Station, Aliganj Road, Etah; and that on 2nd December, 2008 at about 6.30 o'clock in the morning, the said Ramakant Upadhyaya with his brother Suryakant was returning after performing his duty to his village-Kathauli from Etah in vehicle Max Pick-Up Tata 207 bearing Registration No. U.P. 82-J/9063; and that when the said vehicle Max Pick-Up reached near the Tube-Well of Virendra, situated near Kathauli, a Truck bearing Registration No. H.R. 55C/0455 came from the opposite direction from the side of Sidpura; and that on account of rash and negligent driving by the Drivers of the said two vehicles, the said two vehicles collided resulting in the death of the said Ramakant Upadhyaya on the spot on account of injuries sustained by him in the accident and also causing death of six other persons on the spot, and also serious injuries to several other persons; and that the First Information Report in regard to the said accident was lodged by Suryakant Upadhyaya, brother of the said Ramakant Upadhyaya at about 8.50 o'clock in the morning on 2nd December, 2008, and a Crime Case No. 662 of 2008 under Sections 279/337/338/304A I.P.C. was registered; and that the said Ramakant Upadhyaya was earning about Rs. 5,000/- per month from his service and agriculture.
(3.) The said Truck bearing Registration No. H.R. 55C/0455 has hereinafter been referred to as "the truck in question", while the said Max Pick-Up has hereinafter been referred to as "the vehicle in question".;