NATIONAL INSURANCE COMPANY LTD Vs. OM PRAKASH 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 5.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 890 of 2004 filed by the claimant Respondent No. 1 on account of the injuries sustained by him in an accident which took place in the intervening night of 8/9th July, 2004 at 1.30 A.M.

(2.) The case of the claimant Respondent No. 1 was that in the intervening night of 8/9th July, 2004 at 1.30 A.M. whiles the claimant Respondent No. 1 was waiting for transportation on the roadside in the vicinity of village Masoori at Meerut Mawana Road, P.S. Incholi, District Meerut, a Truck Tata 407 bearing Registration No. U.P.15C7113, which was being driven rashly and negligently, hit the claimant Respondent No. 1 resulting in grievous injuries to the claimant Respondent No. 1; and that the said Truck was owned by Shahbuddin (Respondent No. 2 herein) and was insured with the Appellant Insurance Company; and that the claimant Respondent No. 1 was aged about 40 years at the time of the accident and was performing Halwai business.

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