- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.5.2011 passed by the Motor Accidents Claims Tribunal, Jaunpur in Motor Accident Claim Case No. 156 of 2009 filed by the claimants respondents on account of the death of Heera Lal Prajapati in an accident which took place on 9.5.2009 at about 1.30 P.M. The case setup in the Claim Petition was that on 9.5.2009, the said Heera Lal Prajapati was returning to his home from Bhadohi; and that at about 1.30 P.M., when the said Heera Lal Prajapati reached near village Pachwal, a Car bearing Registration No. MP 04 HA 7853 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, hit the said Heera Lal Prajapati, as a result of which he sustained serious injuries; and that the said Heera Lal Prajapati was taken to Varanasi for treatment where he died.
(2.) THE respondent No. 6 was the owner of the vehicle in question while the Appellant -Insurance Company was the insurer of the vehicle in question. The respondent No. 7 was the Driver of the vehicle in question.
(3.) AFTER exchange of pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case.;