- (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 9th April, 2010 passed by the Motor Accident Claims Tribunal, Etawah in Motor Accident Claim Petition No. 819 of 2007 filed by the claimants-respondents on account of the death of Gitesh Kumari in an accident which took place on 7th November, 2007 at about 9.30 a.m. It was, inter alia, averred in the claim petition that on 7th November, 2007 at 9.30 a.m., Vimal Kumar was going on his Motor-Cycle bearing Registration No. UP83F-5321 with Gitesh Kumari, as the pillion rider, from Sirsa Ganj to his village Nagla Nande, Post Office Karhara, Police Station Sirsa Ganj, District - Firozabad; and that the said Gitesh Kumari was going for teaching in a School in Karhara; and that the said Gitesh Kumari was Anganbari Worker, and she was in employment with Bal Vikas Zila Karyakram Adhikari, and was also doing tuition work; and that when the said Vimal Kumar with the said Gitesh Kumari reached near Paigu Road crossing on the High-way, and the said Vimal Kumar was going to stop his Motor-Cycle on the road-side for waiting for the clear road for crossing the same, then a Maruti Car bearing Registration No. UP 14AL-0900 coming from the side of Etawah and being driven rashly and negligently came towards south on Paigu Road and hit the said Motor-Cycle, as a result of which, the said Vimal Kumar and the said Gitesh Kumari died on the spot, and the said Motor-Cycle was badly damaged; and that the Driver of the said Maruti Car ran away from the accident- site; and that the accident occurred on account of rash and negligent driving by the Driver of the said Maruti Car; and that First Information Report in regard to the accident was lodged on the said date by Vinay Kumar, brother of the said Vimal Kumar, and the same was registered as Case Crime No. 524 of 2007 under Sections 279, 304-A, 427, of IPC
(2.) It was, inter alia, further averred in the claim petition that Satinder Singh (respondent No. 5 herein) was the owner of the said Maruti Car while the appellant-Insurance Company was its insurer.
(3.) It was, inter alia, further averred in the claim petition that the deceased Gitesh Kumari was aged 27 years at the time of the accident, and she was Anganbari worker and was doing tuition work, and from the said two jobs, she was earning Rs. . 3,300/- per month.;