Satya Poot Mehrotra, Y. C. Gupta, JJ. - (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 28.7.2011 passed by the Motor Accidents Claims Tribunal, Allahabad in Motor Accident Claim Case No. 722 of 2006 filed by the claimant-respondent No. 1 on account of the death of her husband Munni Lal in an accident which took place on 6th May, 2006 at 5.30 a.m.
(2.) The case setup in the Claim Petition was that the said Munni Lal was driver by occupation and he was driver of the truck bearing Registration No. UP 64E/6649, and he was paid salary of Rs. 5,000/- per month by the owner of the said truck; and that on 6th May, 2006 at about 5.30 a.m., the said Munni Lal and Khalasi on the said truck bearing Registration No. UP 64E/6649 parked the said truck on the roadside near Bhatta of Ramesh Chandra Ojha, which was situated in village Sombhai, Police Station Nawabganj, District Allahabad on Lucknow Allahabad Road, and they were closing the "Dala" of the said truck; and that at that time, a truck bearing Registration No. UP 78AT/3578 (hereinafter also referred to as "the vehicle in question"), which was being driven by its driver rashly and negligently, came from behind, and hit the said truck bearing Registration No. UP 64E/6649, as a result of which, the said Munni Lal sustained serious injuries and he died on the spot.
(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.;