insurance company who has issued the insurance to the deceased in respect of the motorcycle. The tribunal has awarded compensation of Rs.50,000/- on the principle of “No fault liability”. Even though, the tribunal is correct while awarding compensation on the principle of “No fault liability” and deceased himself is a tort feasor. Hence, claim petition filed under Section 166 of MV Act is not maintainable. Since, claim petition filed amounts as if it is against the deceased. However, as per Ex.R1-insurance policy, admittedly, premium of Rs.50-00 is collected for covering personal accident risk of Rs.1,00,000/-. Therefore, even though, the claimants are not entitled for compensation under Section 166 of M.V. Act, but as per Ex.R1-insurance policy, claimants are entitled for compensation under the personal accident coverage up to Rs.1,00,000/-. Therefore, it is held that without making the claimants to walk from pillar to post to get compensation of Rs.1,00,000/from the insurance company, Rs.1,00,000/- is awarded under the personal accident coverage as per Ex.R1-insurance policy.
