Judgment :-

S.B. Sinha, J.

Leave granted.

1. Liability of an insurance company for death of a person travelling in a private car arises for consideration in this appeal.

2. Before, however, adverting to the said question, we may notice the fact of the matter.

M.N. Lingappa (hereinafter referred to as `the deceased) while travelling in a private car owned by one Shri K.N. Narayanajoshi, respondent No.7 herein met with an accident and succumbed to the resulting injuries. Appellants are his heirs and legal representatives.

They filed an application for grant of compensation of Rs.1,50,00,000/- (Rupees one crore fifty lakhs) before the Motor Accident Claims Tribunal, Tumkur (for short `the Tribunal) in terms of Section 166 of the Motor Vehicles Act, 1988 (for short `the Act).

3. The learned Tribunal by its order, awarded a compensation of Rs.98,64,428/-.

4. Respondent No. 1 preferred an appeal there against before the High Court of Karnataka at Bangalore. The claimants also filed cross-objections.

5. The core question that arose for consideration before the High Court was as to whether the insurance policy covered the risk of the passenger travelling in the car. The High Court by its