- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 8.8.2011 passed by the Motor Accidents Claims Tribunal, Gautam Budh Nagar in Motor Accident Claim Case No. 84 of 2010 filed by the claimant -respondent No. 1 on account of the injuries sustained by him in an accident which took place on 20th November, 2008 at about 11.00 A.M. The case set -up in the Claim Petition was that on 20th November, 2008 at about 11.00 A.M., a Truck bearing Registration No. UP -17C -5271 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently, hit the Motorcycle of the claimant - respondent No. 1 near New Sabji Mandi on G.T. Road under the Police Station -Dadri, Gautam Budh Nagar, as a result of which, the claimant -respondent No. 1 sustained serious injuries.
(2.) THE respondent No. 2 was the Driver of the vehicle in question and the respondent No. 3 was the owner of the vehicle in question. The Appellant -Insurance Company was the insurer of the vehicle in question. After exchange of pleadings between the parties, the Tribunal framed Issues in the said Claim Case.
(3.) EVIDENCE was led in the said Claim Case.;