NEW INDIA ASSURANCE COMPANY LIMITED Vs. MADHU

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, Kanpur Nagar in Motor Accident Claim Case No. 27 of 2009 filed by the claimant-respondent nos. 1 to 5 on account of the death of Gajendra Singh @ Amar Singh in an accident which took place on 3/4.10.2008 at 3.30 A.M.

(2.) The case set-up in the Claim Petition was that on 3/4.10.2008 at 3.30 A.M, the said Gajendra Singh @ Amar Singh with his cousin brother Ajitendra Singh was standing near Bhoti Tiraha, Police Station Panki, Kanpur on the extreme left-hand side of the road and was waiting for vehicle for going to his village-Dhaukalpur; and that at that time, a Tractor bearing Registration No. UP 30 E-4951 (hereinafter also referred to as "the vehicle in question"), which was being driven by its Driver rashly and negligently, hit the said Gajendra Singh @ Amar Singh, as a result of which, the said Gajendra Singh @ Amar Singh sustained serious injuries; and that the said Gajendra Singh @ Amar Singh was taken to the hospital where he was declared dead due to injuries sustained by him.

(3.) The respondent nos. 6 and 7 were the owners of the vehicle in question (i.e. Tractor) while the Appellant-Insurance Company was the insurer of the vehicle in question.