NATIONAL INSURANCE CO Vs. MOHD ARIF & ORS

JUDGEMENT

(1.) Present appeal is filed by the appellant Insurance Company seeking to impugn the Award dated 28.01.2012.

(2.) The brief facts are that on 22.07.2009 Smt.Zaitoon alongwith her husband Sh.Jakir Hussain was going on a motorcycle when at District Bagpat, UP they were hit by a truck. Both the persons fell down and sustained injuries. Both husband and wife died in the accident. The claim petition was filed by the six children, namely, respondents no.1 to 6 and the Smt.Zahooran/mother of the deceased Shri Jakir Hussain being respondent No.7.

(3.) Based on the evidence of parties the Tribunal concluded that the accident took place due to the rash and negligent driving of the driver of the offending vehicle.