- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 10.8.2011 passed by the Motor Accidents Claims Tribunal, Gautam Budh Nagar in Motor Accident Claim Case No. 117 of 2005 filed by the claimant -respondent No. 1 on account of the injuries sustained by him in an accident which took place on 9.4.2003 at 4. P.M. The case set -up in the Claim Petition was that on 9.4.2003, the claimant -respondent No. 1 alongwith his brother Bhagyadhar were coming down to their home after finishing their routine sanitary work; and that the claimant -respondent No. 1 was a contractor of sanitary work and had been working as sub -contractor under his lead contractor Mahmood before the accident; and that Bhagyadhar, brother of the claimant - respondent No. 1, was driving the vehicle at a low speed on his own side and the claimant -respondent No. 1 was sitting behind; and that when both reached near Atama Steel, a Bus bearing Registration No. UP -15G -2311 (hereinafter also referred to as "the vehicle in question"), coming on the wrong -side, hit them in the front; and that both the brothers fell down on the road and received serious injuries; and that it was sole negligence and rashness of the Driver of the Bus (i.e. the vehicle in question), which resulted in the accident; and that the claimant -respondent No. 1 underwent treatment in various hospitals and spent huge amount in such treatment.
(2.) THE respondent No. 2 (Niranjan Singh) was the Driver of the vehicle in question and the respondent No. 3 (Rajesh Kumar) was the owner of the vehicle in question. The Appellant -Insurance Company was the insurer of the vehicle in question. By the Order dated 25.9.2006, the Tribunal treated the service of notice on the respondent nos. 2 and 3 through publication as sufficient, and the Claim Case was directed to proceed ex -parte against the said respondents.
(3.) NO Written Statement was filed on behalf of the respondent nos. 2 and 3.;