NEW INDIA ASSURANCE COMPANY LIMITED Vs. AKHLAKH AHMAD

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 9.5.2011 passed by the Motor Accidents Claims Tribunal, Moradabad in Motor Accident Claim Case No. 369 of 2009 filed by the claimant-respondent nos. 1 to 4 on account of the death of Mohammad Islam in an accident which took place on 10th October, 2009 at about 8.20 A.M.

(2.) The case set-up in the Claim Petition was that the said Mohammad Islam was the son of the claimant-respondent nos. 1 and 2, husband of the claimant-respondent no.3 and the father of the claimant-respondent no.4; and that on 10.10.2009 at about 8.20 A.M., the said Mohammad Islam was going on Hero Honda Motorcycle bearing Registration No. UP23C-2055, on Sambhal Hasanpur Road from Kasba Said Nagli towards Dhakka; and that when the said Mohammad Islam reached in front of Krishna Public School, a Truck bearing Registration No. HR38 H-4216 (hereinafter also referred to as "the vehicle in question") coming from the opposite direction and being driven by its Driver rashly and negligently, came on its wrong side and hit the Motorcycle of the said Mohammad Islam, as a result of which, the said Mohammad Islam fell on the ground and sustained serious injuries and the Motorcycle was also damaged; and that the injured Mohammad Islam was immediately taken to the Hospital where he died.

(3.) The respondent no.5 (Bhagwan Sharma) was the owner of the vehicle in question (i.e. Truck) while the Appellant-Insurance Company was the insurer of the vehicle in question.