( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD REVIEW APPLICATION NO. 5532 OF 2007 IN FIRST APPEAL NO. 470 OF 1993 Dattatray Pralhad Kulkarni PETITIONER VERSUS New India Assurance Co. Ltd. and others. RESPONDENTS ..... Mr. V.S. Bedre, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th February, 2010] PER COURT : 1. Heard counsel. 2. The deceased by name Prakash Taushikar was traveling in the vehicle. Contention of the counsel is that since third party insurance was paid by the applicant, who is owner of the vehicle, the Insurance Company could not be exempted from the legal liability. 3. Section 149 of the Motor Vehicles Act, 1988 requires compulsory insurance only in respect of third ( 2 ) party. The person traveling in the cabin of the motor vehicle could not be treated as third party though he may be a stranger to the owner or driver. Whether he was gratuitous passenger or was traveling or fare paying passenger or with due permission of the owner, are the aspects which need not be considered. The Insurance Company is exempted vide the Judgement sought to be reviewed because the deceased was traveling in the vehicle and could not be treated as third party. Hence, the review sought on ground No. 1 of the petition is not maintainable. The review petition is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/ca5532-07