(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 20.4.2010 passed by the Motor Accidents Claims Tribunal, Baghpat in Motor Accident Claim Case No. 111 of 2008 filed by the claimant-respondent No. 1 on account of the injuries sustained by him in an accident which took place at about 3.30 a.m. on 30th July, 2010.
(2.) The case of the claimant-respondent No. 1 was that on 30th July, 2010 after offering Gangajal in Pura Mahadev temple district-Baghpat, he was coming towards kasba Badaut on "Jugadd" alongwith other passengers through Sarai Marg; and that when at about 3.30 a.m., the said Jugadd, being driven on its side, crossed police chauki- Police Station Bilauni, Baghpat, a Uttarakhand Roadways Bus bearing Registration No. UA-07-H-9059, which was being driven by its driver rashly and negligently and was coming from the direction of Badaut, came on the wrong side, and hit the said Jugadd, as a result of which the claimant-respondent No. 1 and other passengers sitting in the said Jugadd were seriously injured; and that the claimant-respondent No. 1 sustained serious injuries in his head, fracture in collar bone, serious injuries in his waist and injuries in his right hand on account of which the same was not functioning, and also sustained serious injuries in his entire body; and that the said Bus was owned by the respondent No. 2 herein and was insured with the Appellant-Insurance Company. The said Bus has has hereinafter been also referred to as "the vehicle in question".
(3.) The Claim Petition was contested by the respondent No. 2 (owner of the vehicle in question) as well as by the Appellant-Insurance Company by filing written statements.