- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 28.4.2011 passed by the Motor Accidents Claims Tribunal, Moradabad in Motor Accident Claim Case No. 70 of 2010 filed by the claimant respondent nos. 1 to 3 on account of the death of Naresh Kumar in an accident which took place on 14.6.2006 at about 10.00 P.M.
(2.) THE case setup in the Claim Petition was that on 14.6.2006, the said Naresh Kumar was going to his Home District to see his mother by Scooter; and that at about 10.00 P.M., a vehicle, namely, Pick Up Mac bearing Registration No. UP 21 N 2504 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, dashed the said Scooter of Naresh Kumar, as a result of which, the said Naresh Kumar sustained serious injuries and he was hospitalized where he died during his treatment. The respondent no. 4 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.;