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Judgment
Gurusharan Sharma, J.—Heard the parties and with their consent this appeal is disposed of under Order, Rule 11 of the Code of Civil Procedure.
One Shatrughan Singh, a vegetable trader, on 7.5.1997 in a motor accident lost his life. He was travelling on a truck, bearing registration No. SEQ-4838. which was a goods carrier and not a public service vehicle. It was carrying stone chips. The ill-fated truck fell down in a-ditch.
The tribunal found the accident occurred, as a result of rash and negligent driving. It was also found that the deceased was a gratuitous passenger on the truck. The vehicle under reference was being plied in violation of the terms and conditions of the insurance policy.
Under a motor vehicles insurance policy issued by Insurance Company in conformity with Section 147 of the Motor Vehicles Act, 1988 (hereinafter referred to as ''the Act''), the Insurance Company is not liable to pay compensation in respect of death or bodily injury of any person travelling in a goods carrier as passenger whether as a hirer or otherwise, unless under the insurance policy, there was an extra coverage in respect of a passenger like an owner or hirer travelling in the vehicle. In the present case, unless it was proved that there was any such extra coverage in the insurance policy in question, the Appellant Insurance Company at this stage on the ground of no fault liability was not liable to pay any interim compensation to the claimants.
In my opinion, the Tribunal has rightly asked the owner of the vehicle to pay compensation. This appeal is, accordingly, dismissed.