- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 2.5.2011 passed by the Motor Accidents Claims Tribunal, Jhansi in Motor Accident Claim Case No. 36 of 2009 filed by the claimant respondent nos. 1 to 4 on account of the death of Smt. Kunti Devi in an accident which took place on 16.12.2008 at about 0845 hours.
(2.) THE case setup in the Claim Petition was that on 16.12.2008 at about 0845 hours, the said Smt. Kunti Devi as a pillion rider was going on a Motorcycle being driven by her husband Tej Singh; and that a Truck bearing Registration No. MP 09 KL 3485 (hereinafter also referred to as "the vehicle in question") coming from the opposite direction and being driven by its Driver rashly and negligently, came on the wrong side and hit the said Motorcycle, as a result of which, the said Smt. Kunti Devi and her husband fell down; and that the said Smt. Kunti Devi sustained injuries in the accident and consequently died. The respondent no. 7 was the registered 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.;