NEW INDIA ASSURANCE CO. LTD. Vs. MOHD. SAKEER

JUDGEMENT

(1.) The facts and questions of law in all the appeals are common, therefore, all the appeals are taken together and disposed of by this common judgment.

(2.) Brief facts of the present case are that on 30/10/2007, Mohd. Shakeer, Mohd. Rafi and Mohd. Arif were going on motor cycle from village Budhanpur to Kashipur. Near the boundary of Nepa Paper Mill, a maruti car bearing registration no. UP 21 J 3607 coming on wrong side hit the bike being driven by Mohd. Rafi. The maruti car was driven by Prem Avatar Sharma rashly and negligently. In the collision, Mohd. Rafi and Mohd. Shakeer received injuries and Mohd. Arif succumbed to his injuries. Mohd. Rafi, Mohd. Shakeer and parents of Mohd. Arif filed claim petitions. Their claim petitions were allowed against the appellant New India Assurance Company insurer of maruti car. Feeling aggrieved, New India Assurance Company approached this Court.

(3.) Heard Mr. M.K. Goyal, Advocate for the appellant and Mr. G.C. Lakhchaura, Advocate for the claimants and perused the record.