- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 16.5.2011 passed by the Motor Accidents Claims Tribunal, Ghaziabad in Motor Accident Claim Case No.161 of 2009 filed by the claimant-respondent nos. 1 to 4 on account of the death of Chandan Singh in an accident which took place on 6.3.2009 at about 8.00 P.M.
(2.) The case set-up in the Claim Petition was that on 6.3.2009 at about 8.00 P.M., the said Chandan Singh was returning to his home from his duty on a Bicycle; and that a Tanker bearing Registration No. UP-13D-5330 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, hit the Bicycle of the said Chandan Singh from behind on account of which the said Chandan Singh sustained serious injuries and died on the spot.
(3.) The respondent no.5 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question.;