NATIONAL INSURANCE COMPANY LTD Vs. SITA RAM

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/ Award dated 30.1.2010 passed by the Motor Accidents Claims Tribunal, Mirzapur in Motor Accident Claim Case No. 243 of 2006 filed by the claimant-Respondent Nos. 1 and 2 on account of the death of Manoj Kumar in an accident which took place on 28.8.2004 at 4.30 P.M.

(2.) The case of the claimant-Respondent Nos. 1 and 2 was that the said Manoj Kumar was working as Khalasi on the Truck bearing Registration No. UP 61A/6041 and used to earn Rs. 4,500/- per month; and that on the date of the accident, the said Truck was loaded with Gitti; and that the Driver of the vehicle in question (Respondent No. 4 herein) rashly and negligently, hit and crushed the said Manoj Kumar when the said Manoj Kumar had got down from the Truck to inspect the Gitti.

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