By the Court.—The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 6.4.2011 passed by the Motor Accidents Claims Tribunal, Ramabai Nagar in Motor Accident Claim Case No. 410 of 2003 filed by the claimant-respondent No. 1 on account of the injuries sustained by him in an accident which took place on 28.4.2003 at about 3.00 p.m.

2. The case set-up in the Claim Petition was that on 28.4.2003, the claimant-respondent No. 1 was going from his village Bhadauli to Ghatampur on a Tractor; and that at about 3.00 p.m., a Truck bearing Registration No. UP 78 T/2081 (hereinafter also referred to as “the vehicle in question”) coming from Hamirpur to Kanpur and being driven by its Driver rashly and negligently, came on the wrong side and hit the Tractor, as a result of which, the claimant-respondent No. 1 sustained serious injuries, and the Tractor was completely damaged.

The respondent Nos. 2 and 3 were the owners of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question.

After exchange of the pleadings between the parties, the Tribunal framed Issues in the said C