- (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 13.5.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 1007 of 2009 filed by the claimant -respondent nos. 1,2 and 3 on account of the death of Ali Alam, son of the  claimant -respondent no.1 in an accident which took place on 4.5.2009 at about 12.30 P.M.
(2.) THE case setup in the Claim Petition was that on 4.5.2009, the said Ali Alam and his father Masood Alam were going to their residential place Uldhan on a ThreeWheeler bearing Registration No. UP15AT1404 (hereinafter also referred to as "the vehicle in question") in Kasba Kharkhauda, District -Meerut; and that the Driver of the said Three -Wheeler (i.e. the vehicle in question) was driving the same rashly and negligently despite the request by the passengers not todoso; and that when at about 12.30 P.M., the Three -Wheeler (i.e. the vehicle in question) reached in front of Ganna Kraya Kendra, it collided with a Maruti Car coming from the opposite direction and overturned resulting in serious injuries to the said Ali Alam and Masood Alam as well as other passengers; and that the said Ali Alam and Masood Alam expired on the spot on account of the injuries sustained by them; and that the said Ali Alam and Masood Alam were taken to the Medical College, where they were declared dead. The respondent no.4 was the owner of the vehicle in question (i.e. Three -Wheeler) while the Appellant -Insurance Company was the insurer of the vehicle in question.
(3.) AFTER exchange of the pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case.;