Prakash Tatia, J. - (1.) Heard learned counsel for the appellants as well as the respondent.
(2.) Perused the award dated 16.1.1998 passed by the Motor Accidents Claims Tribunal. Bhilwara in Claim Case No. 927/1992. In this claim case the award was passed against the owner of the vehicle as well as driver of the vehicle exonerating the Insurance Company from payment of the award amount on the ground that the passenger-deceased was travelling as gratuitous passenger and he has not hired the vehicle. The appellants have challenged this finding of issue and the part of the award by which the Insurance Company was exonerated and submitted that in view of the judgment of the Apex Court delivered in New India Assurance Company v. Shri Satpal Singh & ors., 2000 WLC (SC) Civil 40 , the Insurance Company is liable to make payment even in case of compensation for gratuitous passenger travelling in the truck.
(3.) In the above case, a ten years old girl met with her death in a truck accident which occurred on 11.3.1990. While deciding this case, the Hon'ble Apex Court held : "under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class.";