JUDGMENT :

1. Both the First Appeals have been raised by the New India Assurance Co. Ltd., and against those appeals Cross Objections have been filed by the claimants as heirs of the deceased, challenging the common judgment passed on 19.02.2002 by Motor Accident Claims Tribunal (Auxi.) Surendranagar in M.A.C.P. Nos.737 of 1991 and 738 of 1991.

2. Learned advocate Mr. Vibhuti Nanavati for the Insurance Company referring to the facts of the case and the reasons assigned by the Tribunal, submitted that the date of accident is 02.06.1991, which is prior to the amendment in section 147 of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’), which came into force vide effect from 14.11.1994, and, therefore stated that it is a case pre-amendment, and has to be dealt accordingly, in view of the observation of the Tribunal, that the deceased and others were travelling as illegal passengers in the Truck. The F.I.R. states that it was marriage party, which was travelling towards Kachchh.

2.1 Advocate Mr. Nanavati submitted that the Tribunal has relied on the judgment of New India Assurance Co. Vs. Shri Satpal Singh, reported in (2000) 1 SCC 237, while observing that the judgment of Satpal Singh