( 1 ) UNDER Section 7 of the Karnataka High Court Act of 1961, a Division Bench of this Court has referred the following question of law for the opinion of the Full Bench. "whether an award directing payment of compensation under Section 92-A of the Motor Vehicles Act, 1939, be made against the insurer without an enquiry and a finding that the risk giving rise to the claim is covered by the policy of insurance?"

( 2 ) FACTS of the case leading to the reference are as follows:- On the 21st November 1986, a large number of persons were travelling in a truck bearing Registration No. MYJ 4535. They were going to a village in Maharashtra to earn their livelihood. When the truck came near the village Sattigere on Yadwad-Yargatti road at about 3. 30 a. m. it turned turtle on the off side of the road, as a result of the accident a large number of persons died and also injured. The persons claiming to be the legal representatives of the deceased persons filed as many as 24 claim petitions under Section 110-A of the Motor Vehicles Act (`the Act' for short ). In the claim petitions they alleged that the accident occurred due to rash and negligent driving of the vehicle. Different amounts of co

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