- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 5.9.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 414 of 2008 filed by the claimant-respondent no. 1 under Section 163-A of the said Act on account of the death of her son Bablu in an accident which took place on 7.3.2008 at about 6.30 A.M.
(2.) The case set-up in the Claim Petition was that on 7.3.2008 at about 6.30 A.M., the said Bablu along-with Arun was going from his village Bamnauli to village Doghat for appearing in the High School Board Examination by his Motorcycle bearing Registration No. UP 17 B-4076; and that the said Bablu was driving the said Motorcycle carefully on his side at a slow speed; and that when the said Motorcycle reached near Ganna Center between Pusar and Bamnauli, an unknown Jeep hit the said Motorcycle whereby the said Motorcycle got unbalanced, and thereafter, a Truck bearing Registration No. UHN-328 (hereinafter also referred to as "the vehicle in question") which was being driven by its Driver rashly and negligently, hit the said Motorcycle from behind, as a result of which, the said Bablu sustained serious injuries and was declared dead by the Doctor in Murti Nursing Home, Baraut on the same day; and that the accident occurred on account of rash and negligent driving by the Driver of the vehicle in question.
(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.;