- (1.)The present appeal has been filed by the Appellant-Insurance Company against the judgment and order/award dated 30.5.2009 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Petition No. 281 of 2008, filed by the claimant-respondent Nos. 1 to 4 on account of the death of Soraj Singh in an accident which took place on 10.2.2008 at about 6.30 p.m.
(2.)It was, inter-alia, stated in the Ciaim Petition that on 10.2.2008 at about 6.30 p.m., the deceased Soraj Singh was travelling alongwith Sahansar Pal and others in Maruti Van bearing Registration No. HR-26L-9129 from Muzaffar Nagar to Sarur Pur Khurd; and that the driver of the said Maruti Van was driving the same at a moderate speed on his correct side on Meerut Muzaffar Nagar Road; and that when the said persons reached near Kanta in jungle of village Bhaisi under Police Station Khatauli, District-Muzaffar Nagar, a Truck bearing Registration No. HR-38J-8752 (hereinafter also referred to as "the vehicle in question"), which was being driven by its driver in a rash, negligent and careless manner and at high and excessive speed, came on wrong side from the opposite direction and hit the said Maruti Van, as a result of which, the deceased Soraj Singh sustained multiple grievous injuries, and he died on the spot.
(3.)It was, inter-alia, further stated in the Claim Petition that at the time of the accident, the said Soraj Singh was aged about 52 years, and he was self-employed in Milk Dairy, and his monthly income was Rs. 5000/- per month.