JUDGMENT

Thomas, J.-Leave granted.

2. A 10 year old girl met with her death in a truck accident. Her name was Dupinder Kaur. The accident occurred while she was travelling in the truck on 11.3.1990. She died on the spot. Her father, brother and sister made a joint claim for compensation under the Motor Vehicles Act, 1988 (for short the new Act ). The Motor Accident Claims Tribunal before which the claim was made passed an award in a sum of Rs. 25,000/- to the claimants. The owner of the truck was found liable to pay the compensation amount. M/s. New India Assurance Company, the insurer had been directed to make the amount good with interest, as the vehicle was then covered by an insurance policy issued by that company.

3. The claimants as well as the Insurance Company challenged the said award. The former was dissatisfied with the quantum of compensation awarded. The Insurance Company was aggrieved as the liability was imposed on them. The Insurance Company put forward a contention that the deceased Dupinder Kaur was a gratuitous passenger in the truck and hence no liability can be fastened with the insurer, but that contention was repelled.

4. A Division Bench of the High Court dismi