M.G. Mukherji, CJ.-This special appeal arises out of a Judgment and order dated May 17, 1996 passed by a learned single Judge of our Court in S. B. Civil Miscellaneous Appeal No. 226/96 upholding the award dated 24-1-1996 as passed by the Motor Accidents Claims Tribunal, Phalodi in MACT Case No. 78/94 whereby the Tribunal passed an award of Rs. 1,08,150/-in favour of the claimants and against the present appellant-United India Insurance Company Limited and the owner of vehicle, the Respondent No. 3 --Gurnam Singh.

2. Before the learned single Judge, the appellant contended that since the deceased was a passenger in the vehicle which was a truck and the said truck was not authorised to carry, any passenger on payment of any fare and the insurance policy issued by the appellant-Insurance Company did not cover such type of risks, if the passenger died as a result of an accident, even though it is assumed that it was on account of rash and negligent act on the part of the driver, the appellant-insurance Company could not have been made liable for the compensation as awarded by the Tribunal. It was further contended that the learned Tribunal Judge

erroneously determined the inc