- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the judgment and order / award dated 12.5.2011 passed by the Motor Accidents Claims Tribunal, Banda in Motor Accident Claim Petition No. 278/70 of 2009 filed by the claimant-respondent nos. 1 to 4 on account of the death of Kamta Prasad in an accident which took place on 17.4.2009 at about 1.00A.M. in the night.
(2.) It was, interalia, averred in the Claim Petition that on 17.4.2009, the said Kamta Prasad was returning from village Indra Purwa to his village Deogaon on his Motor-Cycle bearing Registration No. UP 91 - B 3379 driving the said Motor-Cycle himself with certain other persons.
(3.) It was, inter-alia, further averred that at that time, two Trucks bearing Registration No.UP64 -H/0646 and UP 42 T/1632 had collided on the main road, and the driver Parmatma Yadav (respondent no.6 herein), who was driving Truck NO.UP 64H/0646 (hereinafter also referred to as "the vehicle in question"), left the said Truck in the middle of the road in an inclined position, and the parking lights of the Truck were not switched on nor was there any indication of any obstruction. When the said Kamta Prasad driving the Motor-Cycle reached in front of farm of Moti Shukla, which was two furlongs before Mataudh Petrol Pump on Banda-Mahoba Road, his Motor-Cycle hit the vehicle in question,which was standing in the middle of the main road in an inclined position; and that as a result, the said Kamta Prasad and other persons sitting on the Motor-Cycle were seriously injured, and on account of the injury sustained by him, the said Kamta Prasad died on the spot; and that the Motor-Cycle of the said Kamta Prasad was also damaged.;