- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 5.5.2011 passed by the Motor Accidents Claims Tribunal, Jhansi in Motor Accident Claim Case No.444 of 2007 filed by the claimant -respondent nos. 1 to 6 on account of the death of Manmohan in an accident which took place on 20.9.2007 at about 5.00 P.M.
(2.) THE case set -up in the Claim Petition was that on 20.9.2007, the said Manmohan with his father Parsu was going from his residence towards Hansari Bazar; and that at about 5.00 P.M. when the said Manmohan and his father reached near Mainroad Pulia, a Dumper bearing Registration No. UP 78 AN - 8709 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, hit the said Manmohan on account of which the said Manmohan fell on the road and died on the spot. The respondent no.7 was the owner of the vehicle in question while the Appellant -Insurance Company was the insurer of the vehicle in question.
(3.) THE respondent no. 7 did not appear in the said Claim Case, nor did it file its Written Statement. Service of notice on the respondent no. 7 was deemed to be sufficient on 30.11.2009. The Claim Case proceeded ex -parte against the respondent no.7.;