ORDER

1. This misc. appeal by the Insurance Company u/S. 173 of the Motor Vehicles Act, 1988 is arising out of the Award dated 6.12.2023 passed by V Motor Accident Claims Tribunal (in short "Claims Tribunal") Guna (M.P.) in MACC No.72/2021, whereby the Claims Tribunal has awarded compensation to the tune of Rs.10,04,000/- with interest in favour of claimants (respondents No. 1 and 3 herein) from the date of filing of claiming petition till its realization.

2. Brief facts of the case are that claimants/respondent No.1 to 3 filed the claim petition under Section 166 of the Motor Vehicles Act before the Tribunal with the averments that on 01.03.2020 deceased Khoda Bhai @ Gamara Khoda Bai was traveling in car bearing registration No. GJ 33 B 6321 from Gujarat to Gwalior with his relatives then the driver of the said car, by driving the car rashly and negligently, hit the car on a divider, due to which the car turned turtle and the deceased suffered injuries in his head and body and died during treatment.

3. Appellant/Insurance Company and respondent No.4 of the offending vehicle filed their written statement and denied the averments. Appellant/Insurance Company in its reply specifically averred that the insured vehicle was being driven by the deceased and he had no driving licence, therefore, Insurance Company is not liable to pay any compensation in the case.

4. Tribunal after framing issues and taking evidence of both the parties, allowed the claim petition filed by the claimants.

5. Being dissatisfied with the impugned Award, the instant misc. appeal has been filed by Insurance Company with submissions that impugned Award is contrary to law and is also contrary to the facts and material available on record. The learned Tribunal has incorrectly decided issue Nos. 1, 3 to 6 framed in the case and has erred by not exonerating the appellant/Insurance company from payment of compensation to the claimants. The Claims Tribunal committed error by not properly appreciating the oral and documentary evidence adduced by the appellant/ Insurance company. From the evidence adduced in the case, it is proved that deceased was driving the insured car and to obtain compensation wrongly implanted his brother-in-law/respondent no. 4 as driver of the insured car. Appellant insurance company has exhibited Panchnama- Ex. D-1 in which it is clearly mentioned that the deceased was driving the insured vehicle at the time of the accident but the Claims Tribunal has committed error in not relying on Ex. D-1 and has| wrongly held that the respondent No.4 was driving the car. The Claims Tribunal has overlooked the fact that the deceased being driver of the insured car did not fall under the category of "third party", therefore, there was no statutory or contractual liability on the Insurance Company to indemnify the insured. It is further submitted that Claims Tribunal has not given sufficient opportunity to the Insurance Company to adduce its evidence. Alternatively, Insurance Company is seeking liberty to remand the case to the Claims Tribunal with direction to the Tribunal to give sufficient opportunity to Insurance Company to adduce its evidence and thereafter again decide claim case in accordance with law.

6. On the other hand, learned counsel for the claimants/respondent Nos. 1 to 3 supported the impugned Award and prayed for dismissal of this appeal.

7. Heard learned counsel for the parties and perused the impugned Award as well as record of the Claims Tribunal.

8. It is found that Police Station-Myana, District Guna (M.P.) registered Unnatural Death Intimation No. 17/2020, Under section 174 of the Cr.P.C on 01/03/2020 (Ex.P.5). After enquiry, Police registered FIR at Crime No. 223/2020 for offence punishable under Sections 279, 337, 338 and 304-A of the IPC and thereafter filed charge sheet (Ex.P.1) against respondent No.4.

9. Counsel for Insurance Company submitted that he filed Panchnama (Ex.D.1) which is photo copy in which it is mentioned that deceased w