1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.1,00,000/- has been awarded to respondents No.1 to 3.

2. The accident dated 14th/15th April, 2008 resulted in the death of Minraj Bhushal. The deceased was survived by his parents and brother who filed the application for compensation before the Claims Tribunal.

3. Learned counsel for the appellant urged at the time of hearing that the personal accident cover for Rs.1,00,000/- covers the owner if he had been driving the insured vehicle at the time of accident but it would not cover the driver other than the owner. It is further submitted that the appellant had issued personal accident cover in respect of the owner only and the deceased was not the owner/insured of the motorcycle.

4. The Claims Tribunal held that the personal accident cover for Rs.1,00,000/- issued in respect of the owner-cum-driver covered the driver. The findings of the Claims Tribunal are reproduced herein below:-

“12. Sh. Anand Singh Rawat Asstt. The New India Assurance Co. Ltd. appeared as R2W1 and produced the attested true copy of the insurance policy bearing No.310400/31/07/01/00003765 which was issued in favour