SB Civil Misc. Appeal No.512/2001 (New India Assurance Co. Vs. Mangilal and Ors.) Date of Order: 17.2.2006 HON'BLE MR.JUSTICE BHAGWATI PRASAD Mr. Jagdish Vyas, for the appellant. Mr. B.S. Rathore, for the respondents = == = Heard learned counsel for the parties. Learned counsel for the appellant submitted that the deceased in this case was a passenger in the tractor-trolly. The passenger in the tractor- trolly is not entitled to compensation because, Insurance Company as per the terms of the insurance policy, has not agreed to indemnify for such injured. The trial court, in the light of the case decided by the Hon'ble Supreme Court in the case of New India Assurance Co. Vs. Satpal Pal Singh reported in AIR 2000 SC Pg. 235 has held that the insurance company is liable to indemnify the claimants. The case of Satpal Singh's (supra) has been distinguished by the Hon'ble Supreme Court itself in the matter of NIA Vs. Asha Rani and ors. reported in 2003 ACJ Pg.1. In view thereof, since the basis of the judgment has been knocked out by the Supreme Court itself, therefore, the award is not liable to be sustained and the same is accordingly set-aside. The appeal is allowed and the award passed by the Tribunal is set-aside. (BHAGWATI PRASAD),J