By the Court.—The present Appeal has been filed against the Judgment and Order/Award dated 27.5.2009 passed by the Motor Accidents Claims Tribunal, Kanpur Nagar in Motor Accident Claim Petition No. 403 of 2008 filed by the claimant -respondent Nos. 1 and 2 in respect of the accident which took place on 20.2.2008 resulting in death of Kripal Singh.

2. It is, inter alia, stated in the Claim Petition that the said Kripal Singh accompanied by his brother, namely, Vijai Singh Bhadoria ( claimant -respondent No. 2) was going from Kanpur to Unnao on the Vehicle Scorpio bearing Registration No. U.P. 78 B.J.3767 on 20.2.2008; and that at about 7 O’ Clock in the evening, a Vehicle Bolero bearing Registration No. U.P. 71 E 7333 coming from the direction of Lucknow and being driven by its Driver rashly and negligently, hit the aforesaid Scorpio resulting in serious injuries to the aforesaid Kripal Singh alias Pahlu Singh, Ram Charan Singh and others; and that the said Kripal Singh died at about 11.25 O’ Clock in the night on the said date during the treatment at Madhuraj Singh Nursing Home; and that the accident took place solely on account of negligent and rash driving by the Driver o