Hon'ble BHANSALI, J.—This appeal is directed against judgment and award dated 12.04.2010 passed by the Motor Accident Claims Tribunal (Fast Track), Banswara ('the Tribunal'), whereby, for death of one Khima, the Tribunal has awarded a sum of Rs.3,99,000/-alongwith interest @ 6% per annum and the appellant Insurance Company has also been held liable for payment of compensation.

2. The facts in brief may be noticed thus: an application for compensation ('the application') was filed by the claimants, who are wife and children of deceased Khima, with the averments that on 24.06.2004 deceased Khima was travelling in Jeep No.MP 15D 4842 from village Bhurakunda to Kherali Bassi, and was being driven rashly and negligently by driver of the said jeep, which resulted in the deceased falling off the said vehicle and suffering grievous injuries and later succumbed to the said injuries. A compensation to the tune of Rs.13,75,000/- alongwith interest was sought.

3. The appellant Insurance Company filed its reply to the application and, inter alia, raised defence that the jeep involved in the accident was a private jeep and was insured for private use and as the deceased was a fare paying p