JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. This appeal is directed against the judgment and order dated 31.5.2007 passed by the High Court of Delhi in MAC No.986 of 2006 whereby and whereunder an appeal preferred by the first respondent herein under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) was allowed.

3. Appellant filed an application before the Motor Vehicles Accidents Claims Tribunal praying for payment of compensation for the death of her husband Praveen Kumar Gupta who was travelling in a private Indica Car driven by his friend Shri Avtar Singh.

Shri Ankit and Shri Rajendra Jindal (the deceased) were returning from Agra after attending some business promotion work. The accident took place as the said car ran into a tree. Praveen Kumar Gupta and Rajendra Jindal died on the spot. Ankit suffered injuries.

4. Before the learned Tribunal, one of the questions which was raised is as to whether a passenger in a car which was being driven negligently would be covered by the policy of insurance.

5. The learned Tribunal, applying the principle of Res Ipsa Loquitor, opined that Shri Avtar Singh was driving the car rashly and negligently. Having regard to the