One Mahadevi is the minor aged about 12 years is the deceased in MVC No. 105/97. The parents are the petitioners seeking compensation. The Tribunal awarded compensation of Rs. 1,50,000/- with interest at 6% p.a., from the date of petition till payment. The Tribunal directed the owner and the insurer of the tanker to pay the compensation. The claim against the owner-insurer of the lorry is dismissed.

2. The insurer of the tanker is in appeal seeking avoidance of the liability on the ground that the deceased is an unauthorised passenger in the goods vehicle. The claimants have filed cross-objection seeking fastening of liability on the owner-insurer of the lorry and also enhancement of compensation. The facts disclose that the deceased and the petitioners were travelling as passengers in a tanker. In view of the ruling of the Supreme Court in New India Assurance Company Limited v. Asha Rani and Others and M.V. Jayadevappa and Another v. Oriental Fire and General Insurance Company Limited, the insurer of the tanker does not incur any liability to pay the compensation for the death or bodily injuries caused to passenger in a goods vehicle. Therefore, the award made against the