Dipak Misra, J.

1. The insurer, New India Assurance Company Ltd. calls in question the propriety of the award dated 30th September, 1994 passed in Claim Case No. 18/93 by the Motor Accident Claims Tribunal, Chhindwara.

2. The facts as have been unfolded from the materials on record are that the respondents as claimants filed an application under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred as Act') forming the subject matter of claim case No. 18/93 claiming compensation for the death of Dr. Santosh Jain. It was put forth in the application that the deceased was himself driving his Fiat car bearing registration No. MP-02/4444 on 7th June, 1993 from Narsinghpur to Chhindwara. The vehicle dashed against a tree and as a consequence thereof said Dr. Santosh Jain was injured and ultimately met his end. Along with the application preferred under section 166 of the Act, an application under section 140 of the Act was submitted claiming compensation under the said provision. The said application was resisted by the Insurance Company specifically advancing a plea that it had not insured any occupant of the said car and the deceased was himself the owner and was drivin