- (1.) THE present Appeal has been filed under Section 173of 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. 142 of 2009 filed by the claimant -respondent nos. 1 and 2 on account of the death of their son Karan 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 Karan Singh alongwith Surendra 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 Karan Singh and Surendra, as a result of which the said Karan Singh and Surendra were seriously injured and died on the spot. The respondent no.3 (Mahesh Kumar Dixit) was the owner of the vehicle in question while the Appellant -Insurance Company was the insurer of the vehicle in question.
(3.) AFTER exchange of the pleadings between the parties, the Tribunal framed Issues in the said Claim Case.;