NATIONAL INSURANCE CO LTD Vs. SEEMA

JUDGEMENT

(1.) The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the judgment and order/award dated 28.4.2010 passed by the Motor Accidents Claims Tribunal, Jhansi in Motor Accident Claim Petition No. 477 of 2008 filed by the claimant-respondent Nos. 1 to 5 on account of the death of Mukesh in an accident, which took place on 17.8.2008 at about 2.30 p.m. It was, inter alia, averred in the Claim Petition that on 17.8.2008, the said Mukesh with his relative Ram Pratap was going from Ghusguwan to Chirgaon on motor-cycle bearing Registration No. U. P. 93 S-6580; and that when at about 2.30 p.m., the said Ram Pratap and Mukesh reached beyond Matrai Nala, they met Komal and Dharmendra of village Dhwani whereupon the said Ram Pratap and Mukesh stopped the motor-cycle and while sitting on the motor-cycle itself, they started talking with the said Komal and Dharmendra, and then Bharat Lal Patel (respondent No. 6 herein) of the same village, driving his motor-cycle bearing Registration No. U. P. 93 R-6474 (hereinafter also referred to as the vehicle in question') rashly and negligently, came from behind and hit the aforesaid motorcycle bearing Registration No. U. P. 93 S-6580 whereby the said Mukesh, Komal and Dharemendra were injured and were taken to the Medical College, Jhansi for treatment, and on reaching the Medical College, Jhansi, the said Mukesh expired.

(2.) It was, inter alia, further averred in the claim petition that the said Mukesh was doing the business of selling vegetables whereby he earned ' 6,000 per month.

(3.) The claim petition was contested by the said Bharat Lal Patel, owner of the vehicle in question (respondent No. 6 herein) as well as by the appellant-insurance company. Arvind Kumar (respondent No. 7 herein), owner of the aforesaid motorcycle bearing Registration No. U. P. 93 S-6580 also filed his written statement.