- (1.) FEELING aggrieved by the judgment and Award dated 30.08.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.13, Lucknow in Claim Petition No.511 of 2009, the Insurance Company has filed the instant First Appeal From Orders.
(2.) BRIEF facts of the case are that the opposite party no.1 filed a Claim Petition before the learned Tribunal on account of death caused by accident of his brother Suresh Kumar Gautam who was hit by the driver of Bolero Campior Pickup bearing no. U.P. -32 CN -0290. Ajay, the driver of offending vehicle driving it rashly and negligently. Owing to accident, the body of the deceased suffered grievous injuries and he died instantaneously and due to this fact the vehicle was stopped at the place of accident. The driver and the vehicle were caught by the public and police present at the spot and an F.I.R. was lodged and postmortem was conducted. The claimant has filed a claim petition on the ground that the deceased was his elder brother, who was having an earning of L 4,500/ - per month and it was only source of livelihood. The offending vehicle was owned by the opposite party no.1 and insured with opposite party no.2. Hence, the claim petition was filed.
(3.) THE owner/opposite party no.1 filed his written statement and denied the factum of accident but pleaded that he was the owner of the offending vehicle on the date of accident which was duly registered, insured and having route permit. The driver, Ajay Kumar Yadav was driving the vehicle at the time of accident, who was having valid driving licence. The Insurance Company, who was appellant before this Court, contested the appeal inter alia on the grounds that for want of factum of accident, it is being denied and the deceased was negligently crossing the road. It appears that the accident took place due to negligence of the deceased. The owner did not inform the Insurance Company about the accident.;