NEW INDIA ASSURANCE COMPANY LIMITED Vs. PRIYANKA KESHRI

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 6.8.2011 passed by the Motor Accidents Claims Tribunal, Varanasi in Motor Accident Claim Case No. 73 of 2010 filed by the claimant-respondent nos. 1 and 2 on account of the death of Shambhunath Keshari in an accident which took place on 6.2.2010 at about 7.00 P.M.

(2.) The case set-up in the Claim Petition was that on 6.2.2010, the said Shambhunath Keshari driving his Motorcycle CBZ bearing Registration No. UP 65AK-3910 with his uncle Parasnath Keshari as pillion rider, was going from Mugalsarai to Varanasi; and that when the said Shambhunath Keshari reached near Chandasi Mandi, a Truck bearing Registration No. UP 65H-3277 (hereinafter also referred to as "the vehicle in question") coming from the opposite direction and being driven by its Driver rashly and negligently, hit the said Shambhunath Keshari, who was seriously injured and fell on the road; and that the said Shambhunath Keshari was admitted to various hospitals, and ultimately he died during treatment.

(3.) The respondent no.3 was the owner as well as Driver of the vehicle in question (i.e. Truck) while the Appellant-Insurance Company was the insurer of the vehicle in question.