- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 6.5.2011 passed by the Motor Accidents Claims Tribunal, Kaushambi in Motor Accident Claim Case No. 45 of 2007 filed by the claimant respondent No. 1 on account of the death of Mahendra Singh in an accident which took place on 1.5.2007 at about 10.30 P.M. The case setup in the Claim Petition was that on 1.5.2007, the said Mahendra Singh was going on his Motorcycle towards Bharwari; and that a Truck bearing Registration No. HR38E/4475 (hereinafter also referred to as "the vehicle in question") being driven by its Driver rashly and negligently dashed the said Motorcycle, as a result of which, the said Mahendra Singh sustained serious injuries and died on account of the said injuries.
(2.) 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.
(3.) AFTER exchange of pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case.;