A.H. Saikia, J. - (1.) Heard Mrs Helen Dawngliani, learned counsel for the appellant. Also heard Mr. F. Rohipuia, learned counsel for the respondent No. 1. None appears for the respondent No.2 despite notice.
(2.) Challenging the impugned judgment and order dated 9.10.2003 passed by the learned Member, MACT, Aizawl in MACT Case No. 59/2003, Mrs Dawngliani learned counsel for the insurance company-appellant has contended that since admittedly the claimant was an unauthorized gratuitous passenger travelling in a goods carrying vehicle, the insurance company cannot be saddled with the liability of payment of the compensation amount as directed by the learned MACT.
(3.) In support of her submission, she has relied on the following decisions: New India Assurance Co. Ltd v. Asha Rani & others reported in (2003) 2 SCC 223 ; National Insurance Co. Ltd v. Baljit Kaur & others reported in (2004) 2 SCC 1 ; National Insurance Co. Ltd v. Chala Bharrathamma & others reported in (2004) 8 SCC 517 and Pramod Kumar Agarwal & another v. Mashtarbegum (Smti) & others reported in (2004) 8 SCC 667.;