- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 11.4.2011 passed by the Motor Accidents Claims Tribunal, Kanpur Nagar in Motor Accident Claim Case No. 677 of 2007 filed by the claimant -respondent nos. 1 to 4 on account of the death of Om Prakash Verma in an accident which took place on 5th September, 2006. The case set -up in the Claim Petition was that on 5th September, 2006, the claimant -respondent no. 1 with her husband, namely, the said Om Prakash Verma, were returning from Lucknow to Kanpur on Hero Honda Splender Motorcycle; and that a Tractor bearing Registration No. UP 35 B6234 (hereinafter also referred to as "the vehicle in question"), coming from the opposite direction and being driven by its Driver rashly and negligently, dashed the said Motorcycle, as a result of which, the said Om Prakash Verma and the claimant -respondent no. 1 sustained serious injuries and were hospitalized; and that during treatment, the said Om Prakash Verma died in the hospital.
(2.) THE respondent nos. 5, 6 and 7 were the owners 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. Evidence was led in the said Claim Case.;