- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 23.7.2011 passed by the Motor Accidents Claims Tribunal, Etawah in Motor Accident Claim Case No. 445 of 2010 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place on 15.3.2010 at 7.00 A.M.
(2.) The case set-up in the Claim Petition was that on 15.3.2010 at 7.00 A.M., the claimant-respondent no.1 was waiting on the road-side for conveyance for going from Mungisapur to Etawah; and that Manoj and Dharmendra @ Kallu of Mohalla Barhipura of Etawah were also standing near the claimant-respondent no.1; and that at that time, a Motorcycle bearing Registration No. UP 77 F-1681 (hereinafter also referred to as "the vehicle in question") coming from the side of Kanpur and being driven by its Driver rashly and negligently, hit the claimant-respondent no.1, as a result of which, the claimant-respondent no.1 sustained serious injuries; and that the Driver of the said Motorcycle ran away from the accident site; and that the claimant-respondent no.1 was hospitalized and remained under treatment in various hospitals; and that the claimant-respondent no.1 was aged 29 years and was a healthy person prior to the accident, and used to work as labour at 'Bhatta', Mungisapur and was also running a Parchun Shop where-from he used to earn Rs. 200 per day i.e. Rs. 6000/- per month; and that on account of the injuries sustained in the accident, the claimant-respondent no. 1 had become permanently disabled and had become incapable of doing work as labour.
(3.) The respondent no.2 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question. Despite sufficient service, the respondent no.2 did not appear in the Claim Case nor did he file any Written Statement, and the Claim Case proceeded ex-parte against him. The Appellant-Insurance Company filed its Written Statement denying the averments made in the Claim Petition. After exchange of pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case. Having considered the material on record, the Tribunal recorded its findings on various Issues. The Tribunal, inter-alia, held that the accident in question took place on account of rash and negligent driving by the Driver of the vehicle in question, as a result of which, the claimant-respondent no.1 sustained serious injuries. The Tribunal further held that it was not proved that the Driver of the vehicle in question was having valid Driving Licence for driving the vehicle in question (i.e., Motorcycle) at the time of the accident. The Tribunal further held that the vehicle in question was duly insured with the Appellant-Insurance Company at the time of the accident.;