- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.3.2011 passed by the Motor Accidents Claims Tribunal, Chandauli in Motor Accident Claim Case No. 26 of 2006 filed by the claimant-respondent nos. 1 to 7 on account of the death of Bachau Yadav in an accident which took place on 13.1.2006 at about 10.00 A.M.
(2.) The case set-up in the Claim Petition was that on 13.1.2006 at about 10.00 A.M., the said Bachau Yadav and his friends Dularey Yadav and Shankar Yadav were going on their respective Bicycles to see a boy for the marriage of the daughter of the brother-in-law of the said Bachau Yadav; and that at that time, a Tractor Escort 335(hereinafter also referred to as "the vehicle in question")coming down the slope of the hill from the opposite direction and being driven by its Driver, rashly and negligently, came on the wrong-side, and hit the said Bachau Yadav, as result of which, the said Bachau Yadav sustained serious injuries and he died on the way to the hospital. It was, inter-alia, further averred in the Claim Petition that the said Bachau Yadav was aged 35 years at the time of the accident in question, and he used to work as Mason and also sell Milk where-from he used to earn 6,000/- per month.
(3.) The respondent no. 8 was the owner of the vehicle in question and the respondent no. 9 was the Driver of the vehicle in question. The Appellant-Insurance Company was the insurer of the vehicle in question.;