- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 27.5.2011 passed by the Motor Accidents Claims Tribunal, Auraiya in Motor Accident Claim Case No.65 of 2004 filed by the claimant-respondent no.1 on account of the injuries sustained by him in an accident which took place on 18.12.2003 at about 1.30 P.M.
(2.) The case set-up in the Claim Petition was that on 18.12.2003, the claimant-respondent no.1 was going on a Tempo bearing Registration No. UP 75 B 9104 (hereinafter also referred to as "the vehicle in question") from Auraiya to Bhikhaipur; and that at about 1.30 P.M., when the vehicle in question (Tempo) reached near Jalaun Crossing, it overturned on account of rash and negligent driving by its Driver resulting in serious injuries to the claimant-respondent no.1.
(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.;