IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Writ Petition No.1819/2001 The New India Insurance Company Limited Vs. Shankar & Ors. Date of order : 29.03.2010 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Alok Sharma, for the petitioner. Mr. Dinesh Sharma, for the respondent No.2. (1) By this writ petition, the petitioner seeks to challenge the award dated 12.02.2001 passed by the learned Motor Accident Claims Tribunal, Jaipur in MACT Case No.653/1994; Shankar Vs. Sitaram & Ors. wherein New India Insurance Company Limited was also impleaded as party respondent. (2) Briefly stated the facts of the case are that the non-petitioner No.1 filed a claim petition under Section 166 of the Motor Vehicle Act, 1988 before the MACT, Jaipur stating therein that the non-petitioner on 08th of June 1994 was traveling in Truck No. RJA-6933 alongwith his goats and when the truck reached near Village Govindpura owing to the rash and negligent driving of the truck driver non-petitioner No.3, an accident with tractor No.HYL-4381 occurred resulting in the truck overturning causing death and injury to the passengers in the truck. The respondent No.1 was awarded Rs. 6000/- on account of simple injury caused in the said accident. (3) The Insurance Company raised an objection that the vehicle was insured as a goods vehicle, - 2 - therefore, they are not liable to make the payment of compensation to any of the passenger as per policy. (4). The Motor Accident Claims Tribunal, Jaipur decided the said objection in favour of the claimants relying on the case of New India Insurance Company Limited Vs. Satpal Singh & Ors. reported in ACJ 2000 (1) SC 1 by holding that the Insurance Company is liable to make the payment of compensation in case of gratuitous passenger. (5). The submission of Mr. Alok Sharma, counsel for the Insurance Company is that the said finding of the Tribunal is contrary to the policy according to which the passengers in goods vehicle are not covered. (6). No-one appeared for the claimant. (7). I have gone through the record of the writ petition and further considered the issue. (8). Before proceeding further, I would like to quote relevant paragraph 10 of the aforesaid judgment in New India Insurance Company Limited Vs. Satpal Singh & Ors. The same is as under : - “10. The result is that under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passenger in a vehicle, no matter that the vehicle is of any type or class. Hence the decisions rendered under the old Act vis-a-vis gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident which occurred or would occur after the new Act came into force.” (9). In view of the aforesaid judgment, the Motor Accident Claims Tribunal has rightly given the finding that in case gratuitous passenger is travelling in the goods vehicle, then the - 3 - Insurance Company is liable to make the payment of the compensation. (9). I find no error in the award passed by the learned Motor Accident Claims Tribunal, Jaipur dated 12.02.2001 in MACT Case No. 653/1994; Shankar Vs. Sitaram & Ors. and the writ petition is dismissed. (PREM SHANKAR ASOPA),J. N.Gandhi H/9