- (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 26.5.2011 passed by the Motor Accidents Claims Tribunal, Bareilly in Motor Accident Claim Petition No. 878 of 2005 filed by the claimant-respondent nos. 1 and 2 on account of the death of Manoj Kumar in an accident which took place on 23.11.2005 at about 10.30 A.M..
(2.) It was, interalia, averred in the Claim Petition that on 23.11.2005, the said Manoj Kumar was returning from Bareilly to his Sasural in Village Khirka @ Jagatpur Kashiram on Bicycle; and that when at about 10.30 A.M. the said Manoj Kumar was going from Mazar of Dulha Miyan towards Kilapul under Police Station Kila, District Bareilly, a vehicle Maruti Car 800 bearing Registration No. UP 26 C-2501 (hereinafter also referred to as "the vehicle in question"), being driven by its driver rashly and negligently, hit the said Manoj Kumar as a result of which, the said Manoj Kumar sustained serious injuries and was taken to the District Hospital where, during his treatment, he expired; and that the said Manoj Kumar was aged 25 years at the time of the accident and he used to earn Rs. 8000/- per month by doing agriculture work.
(3.) The Claim Petition was contested by the owner of the vehicle in question (respondent no.3 herein) as well as the Appellant-Insurance Company.;