- (1.) These appeals are directed against judgment and award dated 28.02.2012 passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby, the Tribunal while exonerating the Insurance Company from the liability to pay compensation has directed the Insurance Company to first make payment of compensation to the claimants and then recover the same from the owner of the vehicle.
(2.) The applications for compensation were filed by Smt. Ratni Bai for injuries suffered by her and by Smt. Sardari and others in respect of death of Kesha their husband/father, on account of accident, which occurred on 06.03.2009 with the allegations that both Smt. Ratni and Kesa were travelling in Jeep No.RJ27-C- 2970, which was being driven rashly and negligently and went out of control and turned turtle, result of which, Smt. Ratni and Kesha suffered injuries and Kesha succumbed to death.
(3.) Response was filed by the owner of the vehicle as well as the Insurance Company. The Insurance Company disputed its liability on the ground that the insurance of the offending vehicle was under Act only policy, wherein, the risk of passengers is not covered, the vehicle was a private vehicle, in which, the injured and the deceased were travelling unauthorizedly, the driver was not having effective driving licence and, therefore, the Insurance Company was not liable.;