V.M.Jain, J.

1. This appeal has been filed by the appellant Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, whereby compensation was awarded to the claimants for the death of Boby @ Bhartender in a motor vehicular accident.

2. The claimants had filed claim petition under Section 163-A of the Motor Vehicles Act (hereinafter referred to as the Act) claiming Rs. 10 lacs as compensation for the death of Boby @ Bhartender. The learned Tribunal found that vehicle No. HR03-B3088 was involved in the accident resulting in the death of the deceased. Resultantly, the owner and the Insurance Company of the said vehicle were held liable to pay the compensation amount to the claimants alongwith interest.

3. The learned counsel appearing for the appellant Insurance Company submitted before us that the provisions of Section 163-A of the Act would not apply to the present case since Boby @ Bhartender himself was the driver of the said vehicle and as such his legal heirs could not claim compensation amount for the death of the deceased, in the petition under Section 163-A of the Act. Reliance has been placed on Appaji and Anr. v. M. Krishna and Anr., 200