- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 23.5.2011 passed by the Motor Accidents Claims Tribunal, Bijnor in Motor Accident Claim Case No.253 of 2009 filed by the claimant respondent no.1 on account of the injuries sustained by the claimant respondent no.1 in an accident which took place on 28th May, 2009 at about 4 P.M.
(2.) The case setup in the Claim Petition was that on 28th May, 2009, the claimant respondent no.1 was returning home from Vivek College of Technical Education, Bijnor after discharging her duty, and on reaching at Judges' Court crossing near Vijay Photostat shop at Mandawar road, a Truck bearing Registration No. UP 20E6471 (hereinafter also referred to as "the vehicle in question ") being driven by its Driver rashly and negligently, came from the side of Shakti Chowk, Bijnor, turned to Mandawar Road, crushing several Scooters and Bikes and also dashed against the claimant respondent no.1 and some other persons, as a result of which, the claimant respondent no.1 sustained injuries.
(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. The respondent no.3 was the Driver of the vehicle in question.;