K.U. Chandiwal, J.

1. Heard. In a tragic accident, Shivdas succumbed to injuries. He was travelling in a truck bearing No. MWA-6626, which was driven rashly and negligently, gave dash to a tree at Khultabad-Phulambri road. Respondent No. 2, driver of the vehicle, was prosecuted. The appellant/insurance company did not dispute the accident; claimant's interest; dependency and also the quantum. The grievance is, since the deceased was a gratuitous passenger, sitting in the cabin and expired in the accident, the insurance company is not liable to pay the amount. Evidence of Arun Jawanjal was put in by the insurance company, who deposed that 10-12 persons were travelling in goods-vehicle. As per the policy, at Exh. 64, the insurance company had taken risk of the driver only and not other person. There cannot be a controversy that in the accident of such character, travelling in goods-vehicle with 10-12 passengers, as gratuitous passenger, it was simply in breach of the terms of the insurance. Section 147 of the Motor Vehicles Act does not statutorily mandate to cover liability in respect of passenger in goods-vehicle unless such passenger is owner or agent or owner of goods, acc