Deepak Gupta, J - This appeal under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal, Solan in MAC Petition No. 24-S/2 of 2001, decided on 25.3.2001.

2. A short but interesting question arises for decision in this appeal. The question which arises is whether a person who is in the process of getting on to the vehicle should be termed as a passenger or a third party? The law is well settled that the Insurance Company cannot be held liable to pay compensation to the passengers being carried in a goods carriage. However, it is liable as far as third party is concerned.

3. The facts necessary for decision of the case are that claimant Surinder Kumar filed a petition for grant of compensation under Section 166 of the Motor Vehicles Act. In this petition, it was alleged that on 20.2.2000, when he was in the process of boarding a truck No. HP-11-2000, the driver of the truck suddenly drove the truck without caring to see whether the petitioner boarded the truck or not. As result of the jerk, the petitioner fell down and his left arm was crushed. In para 24 of the claim petition, it was averred as follows:- "........On the fate