NATIONAL INSURANCE COMPANY LTD Vs. RADHEY SHYAM

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. 815 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 about 1.30 A.M. while 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. 15C-7113, 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 28 years at the time of the accident and was performing Halwai business and was earning Rs. 3,500/- per month.

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