Ms. Nandita Dubey, J.

Heard.

2. This appeal under section 173 (1) of Motor Vehicles Act, has been filed by the Insurance Company questioning the correctness of the award made by the Motor Accident Claims Tribunal, Bhopal wherein a suit of Rs. 10,92,000/- was awarded as compensation.

3. The claim petition was filed on the basis that the deceased while returning from his workplace to his home on 25.2.2011 at about 5 p.m. was hit by a motorcycle bearing No. MP 4 MK 0539. He was admitted in the Kasturba Hospital, Bhopal where he succumbed to his injuries.

4. A Appellant/Insurance Company has contested the application on the ground that the deceased w as insured under the ESI Act, 1948 and in view of the bar under section 53 of the ESI Act, 1948, the claim petition was not maintainable. The Claims Tribunal after considering the evidence and law in this regard held that accident occurred due to rash and negligent driving and the deceased had not died in or during the course of employment, and accordingly awarded an amount of Rs. 10,92,000/- as compensation.

5. Learned Counsel for the appellant submits that undisputedly the deceased was insured under the ESI Act, hence in view of t