JUDGMENT :

Parth Prateem Sahu, J. - The Impugned award dated 16.12.2011 passed by the learned Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Claims Tribunal') in Claim Case No.66/09 has been assailed by the appellant Insurance Company on the ground that the learned Claims Tribunal had wrongly fastened the liability upon the insurance company as the policy of the offending vehicle is 'Act Only Policy' and no premium has been paid by the insurer for the occupants of the vehicle.

2. Brief facts of the case are that on 2.1.2009 at 7.30 p.m. deceased Sanjeev Kumar Sawai was travelling as a pillion rider on the motorcycle bearing registration number CG08-E-8319 for performing his duty as Field Worker. When they reached near Sangli Bridge of village Kotra, due to rash and negligent driving by the driver, said motorcycle dashed against the said bridge as a result of which the deceased fell down, sustained fatal injuries on his head and died on the spot. A report of the said accident was lodged with the concerned police station with brief narration as to how accident took place. A claim case was filed by the claimants/respondents No.1 & 2 claiming compensation to the t