judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court, Lucknow Bench dismissing the appeal filed by the appellant.

3.Background facts in a nutshell are as follows:

The accident in the instant case took place on 1.6.1996. The claimant was travelling in a goods carriage, as a gratuitous passenger. Undisputedly she was not traveling in the goods carriage in the capacity of owner of goods or representative of owner of goods being transported in the goods carriage. This aspect was also accepted by the claimant in the claim petition.

4.Stand of the appellant was that the owner of the goods carriage had not taken any policy for such passenger and there was no requirement under law for obtaining a policy for passenger.

5.Learned counsel for the appellant submitted that the claimant could not claim indemnification by the appellant and the owners of the offending vehicles were to indemnify the award.

6.Learned counsel for the claimant and the owners of the offending vehicles supported the order of the High Court.

7.In New India Assurance Co. Ltd. v. Vedwati and Ors.,1 (2007 (3) SCALE 397), it was hel