- (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. 252/70 of 2009 filed by the claimant-respondent nos. 1 to 4 on account of the death of Ram Swaroop 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 Ram Swaroop had gone in a Barat on a Truck bearing Registration No. UP 90B/9557 (hereinafter also referred to as "the vehicle in question"); and that at about 9 A.M. on 5.6.2009, when the said Ram Swaroop 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 Ram Swaroop sustained serious injuries and he died on account of the said injuries during his treatment in the District Hospital, Banda.
(3.) The respondent no.5 (M/s Versha Building Material through Shiv Murat Singh, son of Birbal Singh) was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question. The respondent no.6 (Bablu) 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. The Tribunal, inter-alia, held that the accident in question took place on account of rash and negligent driving by the Driver of the vehicle in question as a result of which the said Ram Swaroop sustained serious injuries and he died on account of the said injuries during his treatment in the District Hospital, Banda. The Tribunal further held that the vehicle in question was duly insured with the Appellant-Insurance Company. The Tribunal further held that the Driver of the vehicle in question was having valid and effective Driving Licence on the date and at the time of the accident. The Tribunal further held that the papers regarding Registration, Fitness, Tax and Permit in respect of the vehicle in question were valid and effective on the date and at the time of the accident. The Tribunal further held that the Permit in respect of the vehicle in question was for carrying goods and not for carrying passengers or Barat, and thus, the vehicle in question was being plied in violation of the terms of the Insurance Policy at the time of the accident.;