G.P. Mittal, J.

The Appellant Oriental Insurance Co. Ltd. impugns the award dated 20.08.2009 passed by the Motor Accident Claims Tribunal whereby a compensation of Rs. 1,00,000/- as personal accident insurance cover was awarded in favour of the Respondents No.1 to 3 who are the legal heirs of deceased Vikas Singhal. He died in an accident, which took place on 19.11.2006. The finding that the accident was caused on account of deceased's own negligence is not disputed as the Respondents No.1 to 3 have not filed any appeal or cross-objection against the judgment. The Tribunal relying on the judgment of the Supreme Court in Oriental Insurance Co. Ltd. Vs. Rajni Devi and Others, (2008) 5 SCC 736 and Ningamma and Another Vs. United India Insurance Co. Ltd., (2009) 13 SCC 710, held that the deceased stepped into the shoes of the owner i.e. Respondent No.4 Vineet Singhal and was, therefore, entitled to a compensation of Rs. 1,00,000/- as personal accident insurance cover.

2. In my view the Tribunal misinterpreted the judgment in Ningamma (supra), it was nowhere laid down in Nin