1. Heard learned advocate Mr.Vibhuti Nanavati for appellant Insurance Co.

2. In this appeal, appellant - Insurance Co. has challenged award passed by MAC Tribunal, Banaskantha at Palanpur in MACP No.39 of 2007 dated 7.10.2008 whereby claims Tribunal has awarded Rs.1,74,500/- being a compensation to legal heirs and representative of deceased with 9% interest.

3. Learned advocate Mr.Nanavati submitted before this Court that a specific contention was raised in Para.13 by advocate of Insurance Co., Mr.Soni, after producing insurance policy before claims Tribunal in respect to Jeep No.GJ-8-A-8050 where insurance policy was act policy. Therefore, occupant being a deceased travelling in jeep, who died, therefore, claimants are not entitled any amount of compensation because there was no additional premium paid by owner of vehicle. Relying upon decision of Apex Court in case of Tilak Singh v. United India Insurance Co. ltd. reported in 2006 ACJ 1441, he submitted that pillion rider is not covered when act policy issued by Insurance Co., therefore, Insurance Co. has committed gross error in deciding matter and ignoring Apex Court's judgment and awarded compensation in favour o