ORIENTAL INSURANCE COMPANY LIMITED Vs. FATMA MALIK

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 7.7.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 259 of 2007 filed by the claimant Respondent Nos. 1 to 6 under Section 163A of the Motor Vehicles Act, 1988 on account of the death of Farukh Malik in an accident which took place on 2nd April, 2005 at 10.00 P.M.

(2.) The case of the claimant Respondent Nos. 1 to 6 was that on 2nd April, 2005, the said Farukh Malik was coming to Chandrapur from Gadehiroli driving his Motorcycle bearing Registration No. DL 7 SL 7783 with due care and caution; and that when at 10.00 P.M., the said Farukh Malik reached in between villages Chaichpalli and Ajaypur, a Truck bearing Registration No. MH 34M/381, which was being driven by its Driver very negligently, rashly and carelessly, came from the opposite direction and flouting all the traffic rules intruded on the wrong side and dashed against the said Farukh Malik and caused his death; and that the said Farukh Malik was aged about 30 years at the time of the accident and was earning Rs. 3,300/per month.

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