- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 13.5.2010 passed by the Motor Accidents ClaimsTribunal, Meerut in Motor Accident Claim Case No. 54 of 2004filed by the claimantrespondentno. 1 under Section 163A of the Motor Vehicles Act, 1988 on account of the injuriessustained by him in an accident which took place on 26th May,2003 at 11.35 A.M.
(2.) The case of the claimantrespondent no. 1 was that on 26th May, 2003, the claimantrespondent no. 1 was going from Sisauli to Meerut on a Tempo bearing Registration No. UP15 K1902; and that when at about 11.35 A.M. the said Tempo reached near Hasanpur Chauki, it stopped on its side for taking passengers; and that at that time, a Truck bearing Registration No. UP122730 coming from the direction of Garh, hit a Roadways Bus bearing Registration No. UP 15 C5271 coming from the side of Meerut, and thereupon, having lost control, the said Truck hit the said Tempo, as a result of which the claimantrespondent no. 1 and other passengers sitting in the Tempo sustained injuries; and that the claimantrespondent no.1 sustained grievous injuries, as a result of which the claimantrespondent no. 1 was taken to the Medical College, Meerut wherefrom he was shifted to Yug Hospital, Garh Road, Meerut where he remained as indoor patient and now he was being treated as outdoor patient; and that the claimantrespondent no. 1 spent huge amount on his treatment.
(3.) The AppellantInsurance Company and the respondent no. 3Insurance Company, i.e., United India Insurance Company Limited, which was the insurer of the said Truck as well as the said Tempo, filed joint Written Statement, interalia, denying the averments made in the Claim Petition. It was, interalia, further alleged that in case any accident had occurred, the same was on account of negligence of the Driver of the said Roadways Bus.;