- (1.) CIVIL Misc. Exemption Application No. 177812 of 2011 has been filed on behalf of the Appellant - Insurance Company, interalia, praying for being exempted from filing certified copy of the Formal Order. Having regard to the averments made in the aforementioned Application, the Appellant - Insurance Company is exempted from filing the Formal Order.
(2.) 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 15.3.2011 passed by the Motor Accidents Claims Tribunal, Kanpur Nagar in Motor Accident Claim Case No. 160 of 2009 filed by the claimant - respondent Nos. 1 and 2 on account of the death of their son, Neeraj Umrao in an accident which took place on 18.12.2007 at about 5.30 P.M.. It was, interalia, averred in the Claim Petition that on 18.12.2007, the said Neeraj Umrao sitting on the Motor -Cycle of his friend Neeraj Sonkar bearing Registration No. UP 78 BL 1506 was coming towards Bindki, District Fatehpur; and that when at about 5.30 P.M., the said two persons on the said Motor -Cycle reached near Gupta Hotel on the High -Way Road under Police Station, Chaudagara and proceeded towards Kanpur, a Truck bearing Registration No. UP 78 BN 9758 (hereinafter also referred to as "the vehicle in question"), which was being driven by its driver rashly and negligently, hit the said Motor -Cycle from behind, as a result of which, the said Neeraj Umrao and his friend Neeraj Sonkar fell down and sustained serious injuries, on account of which, the said Neeraj Umrao died on the spot; and that the said Neeraj Umrao used to earn Rs. 6,000/ - per month by giving tuition.
(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.;