PARTH PRATEEM SAHU, J.

1. By this instant appeal, the appellants, who are driver and owner of Minibus bearing registration No.CG04/E/0856 (hereinafter refereed to as 'offending vehicle') have challenged the legality, validity and propriety of the impugned award dated 20/11/2012 passed by the learned 7th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (hereinafter referred to as 'the Claims Tribunal') in Claim Case No.116/2011, wherein the learned Claims Tribunal has partly allowed the claim application and awarded a total sum of Rs.4,31,711/- as compensation in a death case while exonerating Insurance Company from its liability directed the Insurance Company first to pay the amount of award and then to recover the amount of compensation from the driver and owner of the offending vehicle.

2. Backgrounds facts in a nutshell are that on 10/01/2011, one Vishwanath Sahu was travelling on the offending vehicle and going to village Asouda from Raipur. When the offending vehicle stopped near Asouda turn at Kharora Road, Vishwanath Sahu was stepping down from the offending vehicle, the driver of the offending vehicle rashly and negligently moved the offending vehicle with a high accelerator, due to which, Vishwanath became unbalanced and came under the wheel of the offending vehicle. He sustained severe injury over his person and was immediately taken to the Khanak Hospital at Kharora. Thereafter, he was referred to Balaji Hospital, Raipur where he took treatment as in-door patient from 11/01/2011 to 19/01/2011 and during the course of treatment, he succumbed to the injuries on 20/01/2011. The accident was reported to the concerned police station and crime bearing No.12/2011 was registered against the driver of the offending vehicle under Section 304-A of the Indian Penal Code.

3. Respondents No. 1 to 3/claimants, who are legal representatives of deceased filed an application under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') claiming Rs.9,20,000/- as compensation on account of death of Vishwanath Sahu before the competent Claims Tribunal.

4. The appellants, who are non-applicants No. 1 and 2 before the learned Claims Tribunal have submitted their reply to the claim application and denied all the adverse pleadings made against them as also the manner of accident as pleaded in the claim application. They have further pleaded that on the date of accident, the offending vehicle was insured with the Insurance Company, therefore, the liability, if any, would be on the Insurance Company for payment of compensation.

5. Respondent No.4/Insurance Company submitted its reply separately and denied the contents of the claim application. It has been pleaded that the deceased himself was contributory negligent in the accident. It was further pleaded that on the date of accident, there was no valid and effective driving license to drive the vehicle. It has been lastly pleaded that there was violation of conditions of insurance policy as there was no valid fitness certificate and permit of the offending vehicle, therefore, no liability can be imposed upon it.

6. After appreciating the pleadings and evidence available on record, learned Claims Tribunal arrived at a finding that the accident took place due to rash and negligent act of driver of the offending vehicle and there was violation of conditions of insurance policy as on the date of accident, there was no valid permit to ply the vehicle on public road/route and thereafter awarded a total sum of Rs.4,31,711/- as compensation in a death case. The Claims Tribunal exonerating the Insurance Company from the liability to satisfy the award but has directed to deposit the amount of award and thereafter to recover the same from non-applicants No. 1 & 2/appellants.

7. Learned counsel appearing for the appellants submitted that prior to the date of accident, there was a temporary permit issued by competent authority to ply the offending vehicle fo