- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 4.5.2011 passed by the Motor Accidents Claims Tribunal, Jhansi in Motor Accident Claim Case No. 143 of 2009 filed by the claimant-respondent nos. 1, 2 and 3 on account of the death of Surendra Singh in an accident which took place on 9.3.2009 at about 11 A.M.
(2.) The case set-up in the Claim Petition was that on 9.3.2009 at about 11 A.M. when the said Surendra Singh alongwith Karan Singh and Raju was standing near the Motorcycle belonging to Jugal Kishore which was parked on the road-side, a Truck bearing Registration No. UP 78 AT 5213 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, crushed the said Motorcycle and the said Surendra Singh and Karan Singh, as a result of which the said Surendra Singh and Karan Singh were seriously injured and died on the spot. The respondent no.4 (Mahesh Kumar Dixit) was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question. After exchange of the pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case. Having considered the material on record, the Tribunal recorded its findings on various Issues. The Tribunal, inter-alia, held that the accident in question took place on account of rash and negligent driving by the Driver of the vehicle in question resulting in serious injuries to the said Surendra Singh, and his consequent death. The Tribunal further held that the duplicate copy of the Driving Licence of the Driver of the vehicle in question, which was brought on record, was not readable, and therefore, the Driving Licence of the Driver of the vehicle in question would be treated to be suspicious, and in the circumstances, there would be deemed violation of the terms and conditions of the Insurance Policy. The Tribunal further held that the vehicle in question was validly insured with the Appellant-Insurance Company for the period with effect from 30th August, 2008 to 29th August, 2009.
(3.) In view of the above findings, the Tribunal passed the impugned Judgment and Order/Award dated 4.5.2011, inter-alia, awarding to the claimant-respondent nos. 1, 2 and 3, compensation amounting to Rs. 2,72,000/- with interest at the rate of 6% per annum with effect from the date of presentation of the Claim Petition till the date of final payment.;