NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAMINA KHATUN

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 25.5.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 747 of 2009 filed by the claimant-respondent Nos. 1 to 4 on account of the death of Bashir Khan in an accident which took place on 9.3.2007 at about 5.30 a.m.

(2.) The case set-up in the Claim Petition was that on 9.3.2007 at 5.30 a.m., the said Bashir Khan as Driver was taking Canter bearing Registration No. DL-1 LG-5591 with goods from Delhi to Dehradoon; and that a Truck bearing Registration No HR-38J-9427(hereinafter also referred to as "the vehicle in question") coming from the opposite direction and being driven by its Driver rashly and negligently, hit the said Canter as a result of which the said Bashir Khan died.

(3.) The respondent No. 5 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question.