RAJESH CHANDRA,J. - (1.) ON oral prayer made by Sri Rakesh Bahadur, learned counsel for the Appellant-Insurance Company, he is permitted to make correction in the array of parties in the appeal as well as in the stay application.
(2.) THE present appeal has been filed by the Appellant-Insurance Company against the judgment and order/award dated 28.7.2009 passed by the Motor Accidents Claims Tribunal, Kanpur Dehat in Motor Accident Case no. 213 of 2008, filed by the claimant-respondents no. 1 to 5 on account of the death of Sant Lal, in an accident on 27.4.2008 at about 9 O'clock in the morning. It was, interalia, stated in the Claim Petition by the claimant-respondents no.1 to 5, that the said Sant Lal was going on his motorcycle bearing Registration no. UP35 F-7076 on normal speed on his left side; and that Sanjay @ Chottey was seated on the back-seat of the motorcycle; and that when the said Sant Lal reached near Billhor at about 9 AM on 27.4.2008, a tempo bearing Registration no. UP77- 9329, which was being driven by the Driver of the tempo in rash and negligent manner, hit the motorcycle of the said Sant Lal, as a result of which Sant Lal fell down at a distance and was seriously injured.
(3.) IT was, interalia, further stated by the claimant-respondents no.1 to 5, in the claim petition, that the tempo was detained on the spot and the said Sant Lal was immediately taken to Hallet Hospital, Kanpur Nagar and was got admitted there; and that on getting information regarding the accident, the claimant-respondent no.1 with her family reached the Hallet Hospital, and the treatment of the said Sant Lal commenced; and that during the treatment, the said Sant Lal expired on 29.4.2008.;