Patnaik, C.J. -- 1. This a reference made by order dated 16.7.2007 passed by a Division Bench of this Court in M.A. No.1576 of 2004.

2. The facts which are necessary to answer this reference are that when Nand Kishore was driving auto-rickshaw he owned, the auto-rickshaw turned turtle and he sustained injuries. He was taken to Nagpur for treatment where he died on 30.12.2003. The auto-rickshaw was financed by District Antyavyavasayi Sahakari Vikas Samiti Maryadit, Seoni, and was insured with the United India Insurance Company Limited. The appellants claimed compensation of Rs.18, 16,000/- on account of death of Nand Kishore. The insurer denied its liability for the compensation. The Claims Tribunal determined the compensation of Rs 4,41,500/- but held in the award that since additional premium was not paid to the insurer to cover the risk of the owner, the insurer was not liable to pay compensation. Aggrieved by the award dated 24.12.2004 passed by Tribunal the appellants filed the appeal MA No.1576 of 2004.

3. Before the Division Bench of this Court hearing the appeal, the learned counsel for the appellants submitted that the risk of driver-cum-owner was covered by the insuranc