JUDGEMENT
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(1.)Being aggrieved with the award dated 23rd March, 2000 passed by the Motor Accident Claims Tribunal, Kanker in Claim Case No. 10/99, the appellants/claimants have filed this appeal.
(2.)By the said award, the claim petition filed by the appellants has been dismissed by the Claims Tribunal.
(3.)The facts, briefly stated, are as under:
The appellants/claimants, unfortunate widow, minor children, mother and unmarried sister of deceased-Ramji Prasad Gupta, filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 7,28,733/- for his death in the motor accident which took place on 28-11-98, when the jeep bearing Registration No. MP 25/B-0404, which the deceased himself was driving, met with an accident on National Highway No. 43 in between Kanker to Jagdalpur.
The respondent admitted the factum of insurance. However, it contended that the deceased himself was the owner of the jeep and the policy does not covers the risk of the owner-cum-driver, therefore, the Insurance Company was not liable to pay compensation.
The Tribunal held that since the policy (Exh. D-1) did not cover the risk of owner-cum-driver and only a 3rd party risk was covered, the Insurance Company cannot be held liable to pay compensation. Therefore, the claim petition filed by the appellants was dismissed.
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