JUDGMENT :

Kailash Gambhir, J.

1. The appellant, National Insurance Co. Ltd., insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 12.11.2007 passed by the learned MACT. The impugned award has arisen out of the claim petition, viz., Suit No. 102/2007 filed by respondent Nos. 1 & 2 against the appellant as well as against respondent Nos. 3 to 7 claiming compensation for the death of Shri Rajiv Kumar.

2. The brief facts, which are necessary for deciding the present appeal inter alia, are that on 24.6.2005 at about 2.20 A.M., the deceased was plying the TSR being registration No. DL-1RC-0476 on Rohini main road towards Sector V and when he reached near the red light point of BSA Hospital, Rohini, Delhi, suddenly one bus came from the direction of Japanese Park in a rash and negligent manner and hit the said TSR scooter as a result of which the deceased fell out of the TSR and sustained fatal injuries and died at the spot.

3. Counsel for the appellant contends that the Tribunal has failed to consider the clear violation of the terms and conditions of the insurance policy. The contention of the counsel for the appellant is that the registered owner o