( 1 ) COMMON questions of law arise in all the C. M. As. Hence, they are disposed of by a common judgment.

( 2 ) THE issue that falls for consideration in these appeals is: "whether the insurer is liable for compensation in respect of gratuitous passengers in a goods vehicle under the provisions of the Motor Vehicles Act, 1988?"

( 3 ) IN C. M. As. except C. M. A. Nos. 1266 of 1999, 654 of 1999 and C. M. A. Sr. No. 95539 of 1998, the factual matrix is that on 7. 9. 1996 while the lorry bearing No. AAQ 7899 was crossing Papagni River causeway, it had capsized resulting in number of deaths. Therefore, the dependants of the deceased, laid claims under no fault liability under section 140 of Motor Vehicles act, 1988. The learned Tribunal allowed the claims for a sum of Rs. 50,000 being the amount permissible under no fault liability together with interest at the rate of 12 per cent per annum from the date of the petition till the date of payment. The Tribunal also observed that the goods vehicle was comprehensively insured.

( 4 ) IN other C. M. As, the deceased were travelling in ill-fated goods vehicle No. AAT 399 on 4. 1. 1994. While so, it met with an accident resulting instantaneous death of two occupants. Therefore, the dependants of the deceased made a claim under no fault and fault liability under sections 140 and 166 of Motor Vehicles act, 1988. The Tribunal allowed the claims by a common award dated 12. 10. 1998, against which the present C. M. As. have been filed.

( 5 ) IT is the case of the learned counsel for the insurance company that all these passengers are gratuitous passengers and they are not covered by the insurance policy and, therefore, the dependants of the deceased persons are not entitled for the compensation under the provisions of the motor Vehicles Act, 1988.

( 6 ) THE learned counsel relied on the decision of the Apex Court in Mallawwa v. Oriental Insurance Co. Ltd. , 1999 ACJ 1 (SC) and the decision of this court in divisional Manager, New India Assurance co. Ltd. v. Tumu Gurava Reddy, 1999 ACJ 1077 (AP ). On the other hand, the learned counsel for the respondents-claimants submits that the accidents have taken place after Motor Vehicles Act, 1988 entered the force and as per the judgment of the Apex court in New India Assurance Co. Ltd. v. Satpal Singh, 2000 ACJ 1 (SC), gratuitous passengers are also entitled for the compensation. It is also stated that the case of mallawwa was referred to by the Supreme court in Satpal Singh s case and it was observed by the Apex Court that the corresponding provision has been substantially recast and, therefore, he submits that the appeals filed by the insurance company have to be dismissed.

( 7 ) THE only issue that arises for consideration is whether the insurance company is justified in contending that the gratuitous passengers are not entitled for compensation?

( 8 ) IT is beyond pale of controversy that under section 95 of the old Act, the gratuitous passengers were not covered by the insurance policy, but that provision has been substantially altered in the new 1988 act. The requirements of the policy limits under old Act were contained in section 95, which reads as follows: "95. Requirements of policies and limits of liability. (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which (a) is issued by a person who is an authorised insurer or by a co-operative society allowed under section 108 to transact the business of an insurer, and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2) (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of th