Surjit Singh, J.: Appellant-New India Assurance Company is aggrieved by the award dated 14.9.1998 of Motor Accident Claims Tribunal, Rampur Bushahr, whereby liability for payment of compensation, awarded to respondents Veena Devi and others, the dependants Devku Devi, who died in an accident of a truck, has been imposed upon it (the appellant) on account of its being the insurer. 2Appellants plea is that the deceased was a gratuitous passenger on board the truck and this fact is borne out from the evidence and the pleadings and therefore, the liability could not have been imposed upon it.

3. I have heard the learned counsel for the parties and perused the record.

4. The learned Tribunal has rejected the plea of the appellant for two reasons. First the deceased, even if a gratuitous passenger, was a third party and hence her risk was covered by the policy. Reliance is placed by the learned Tribunal on a Full Bench decision of Gauhati High Court in New India Insurance Company Ltd. Vs. Satyanath Hazarika, [1989 ACJ 685] and a Division Bench judgment of our own High Court in New India Insurance Company Ltd. Lachhmi Devi, [1996 ACJ 496 (HP)]. The second reason recorded by the lea