- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 20.5.2010 passed by the Motor Accident Claims Tribunal, Mathura in Motor Accident Claim Case No. 581 of 2008 filed by the claimant-respondent No. 1 on account of the injuries sustained by him in an accident which took place on 31st May, 2008 at about 5.00 p.m.
(2.) The case of the claimant-respondent No. 1 was that on 31st May, 2008, the claimant-respondent No. 1 was going from Mathura to his village by Tempo of Lal Singh (respondent No. 2 herein) bearing Registration No. UP 85 S-9580; and that the said Lal Singh was driving the said Tempo rashly and negligently ignoring the request made by the claimant-respondent No. l and other passengers sitting in the said Tempo to drive properly; and that on account of rash and negligent driving by the said Lal Singh, the said Tempo overturned at about 5.00 p.m. on 31st May, 2008 near Govardhan Crossing, Police Station-Highway, District Mathura, as a result of which the claimant-respondent No. 1 sustained serious injuries in his both legs and in his entire body; and that the claimant-respondent No. 1 underwent treatment in the Hospitals; and that the claimant-respondent No. 1 was still on bed-rest, and he was unable to sit or stand or walk; and that the claimant-respondent No. 1 used to do the work of "Rajgeer", and he used to earn Rs. 4,500 per month; and that as a result of the accident, the claimant-respondent No. 1 was deprived of his income and was compelled to take huge amount of loan from outside.
(3.) The said Tempo has hereinafter been also referred to as "the vehicle in question".;