(Sanjay Karol, J.) (Oral) - Mr. Vivek Thakur, learned Counsel for the appellant/claimant has instructions to submit that he does not press this appeal, as such, it is dismissed as not pressed.

FAO No. 436 of 2004

2.The present appeal arises out of the impugned Award dated 9.9.2004 passed by the Motor Accident Claims Tribunal, Bilaspur, H.P. in M.A.C. Case No. 94 of 2001 titled as Durgi Devi v. The New India Assurance Company Ltd., and others, awarding a sum of Rs. 2,52,000/- as compensation to the claimant.

3.The present appeal has been filed only by the New India Assurance Company Limited on the ground that the liability could not have been fastened upon the Assurance Company for the reasons that the deceased was undisputedly a gratuitous passenger and in view of the breach of conditions of the Insurance Policy, no liability could have been fastened on them.

4.On 11.6.1996, a Tractor bearing No. HP-23-2644 met with an accident at a place known as Paniala, District Bilaspur, H.P., due to which Shri Tilak Raj, an occupant died on the spot. Claimant Smt. Durgi Devi, respondent No. 1 herein filed a claim petition under Section 166 of the Motor Vehicles Act, claiming