- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 9.8.2011 passed by the Motor Accidents Claims Tribunal, Bulandshahr in Motor Accident Claim Case No. 367 of 2009 filed by the claimant-respondent nos. 1, 2 and 3 on account of the death of Ankur Sharma in an accident which took place on 31st August, 2009 at about 4.00 P.M.
(2.) The case set-up in the Claim Petition was that on 31.8.2009 at about 4.00 P.M., the said Ankur Sharma was standing on the deep left side kuchcha patri of the Shikarpur Debai Road near Raniwala Chauraha; and that suddenly a vehicle Tata Indica Car bearing Registration No. DL-3CA-F-4100 (hereinafter also referred to as "the vehicle in question"), which was coming from Debai side at high speed in negligent, careless and Zig-Zig manner, turned to its right side kuchcha patri of the road and dashed against the said Ankur Sharma, as a result of which, the said Ankur Sharma sustained serious injuries, and he died as a result of the said injuries; and that the said Ankur Sharma was running his seeds and Purchooni shop at his village and also supervising his agricultural land, and was earning Rs. 10,000/- per month.
(3.) The respondent no. 4 herein (Manoj Kumar) was the Driver of the vehicle in question. The respondent no.5 herein (Ashok Kumar Dhawan) who claimed to have transfered the vehicle in question to the respondent no.6 herein (Mohammad Tayyab) prior to the accident in question. The Appellant-Insurance Company was the insurer of the vehicle in question.;