ORIENTAL INSURANCE COMPANY LTD Vs. HANUMAN YADAV

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.4.2010 passed by the Motor Accidents Claims Tribunal, Ballia in Motor Accident Claim Case No. 23 of 2009 filed by the claimant-respondent No. 1 on account of the death of Achchey Lal Yadav in an accident which took place on 8.1.2009 at about 6.00 p.m.

(2.) The case of the claimant-respondent No. 1 was that on 8.1.2009 at about 6.00 p.m. when the said Achchey Lal Yadav after taking tea at the "Nahar Mod" in village-Khanwar started for his house, a Tractor bearing Registration No. UP 54 H-6290 which was being driven rashly and negligently by its Driver, hit the said Achchey Lal Yadav, as a result of which the said Achchey Lal Yadav died on the spot; and that the said Achchey Lal Yadav was aged about 45 years and was doing the business of selling Milk where-from he was earning Rs. 6,000/- per month; and that the claimant-respondent No. 1 was the Father of the said Achchey Lal Yadav; and that Smt. Shanti Devi (respondent No. 2 herein) was the owner of the said Tractor while the Appellant-Insurance Company was the Insurer of the said Tractor.

(3.) The said Tractor has hereinafter also been referred to as "the vehicle in question".