- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 28.7.2011 passed by the Motor Accidents Claims Tribunal, Banda in Motor Accident Claim Case No. 253/70 of 2009 filed by the claimant-respondent nos. 1 to 3 on account of the death of Pratap @ Ram Pratap in an accident which took place on 5.6.2009 at about 9.00 A.M.
(2.) The case set-up in the Claim Petition was that the said Pratap @ Ram Pratap had gone in a Barat on a Truck bearing Registration No. UP90 B/9557 (hereinafter also referred to as "the vehicle in question"); and that at about 9 A.M. on 5.6.2009, when the said Pratap @ Ram Pratap was returning with the Barat, the vehicle in question (Truck) which was being driven by its Driver rashly and negligently, overturned as a result of which the said Pratap @ Ram Pratap sustained serious injuries and he died on account of the said injuries.
(3.) The respondent no.5 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question. The respondent no.4 was the Driver of the vehicle in question. 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. Having considered the material on record, the Tribunal recorded its findings on various Issues.;