1. This appeal is directed against the judgment of the Motor Accident Claims Tribunal, Udhampur (for short the Tribunal) in file No. 237 Claim of 1996 delivered on 29.3.2004.

2. One Atma Singh Rana lodged a claim petition before the Tribunal on 24.10.1996 stating therein that while traveling in a vehicle bearing registration No. JKQ 559 he met with an accident on 23.5.1996 at Jammu-Srinagar National Highway near Samroli, Tehsil Chenani District Udhampur due to which he received 15% injuries. Respondent No. 1 Vinod Kumar was driving the vehicle whileas respondent-2 is the owner thereof; the vehicle was insured with the respondent -3 New India Insurance Co. Ltd. During the pendency of the claim petition said Atma Singh expired and his legal representative, the present appellant was brought on record. The claim petition was, however, dismissed by the Tribunal on two main grounds, firstly that the injured was not entitled to any compensation as he was a gratuitous passenger traveling in the offending truck; secondly that the injured has died during the pendency of the claim petition, the death has not been caused due to the injuries received by said Atma Singh and that there has been no loss to the estate left behind by the injured as such the claim petition has abated.

3. Feeling aggrieved by the dismissal of the claim petition, the appellant has filed the present appeal assailing the said findings on various grounds inter-alia that the Tribunal has not properly appreciated the facts of the case and has not properly applied the law on the subject to the facts of the case.

4. Heard. I have considered the matter.

5. I have gone through the Tribunals record.

6. It is observed by the Tribunal that the injured was gratuitous passenger traveling in the offending vehicle and that the Motor Vehicles Act does not enjoy any statutory liability on the owner to insure any passenger traveling in a goods carrier. The Tribunal has found that the Insurance Company has no liability for the death or injury to the passenger traveling gratuitously or unauthorisedly in a goods carrier.

7. Learned counsel for the appellants while assailing the findings of the Tribunal would submit that the view taken is not correct. He submits that there is a change in the law now and that the view of the Tribunal is based on the decisions rendered under the old Act vis-a-vis gratuitous passenger and that this is of no avail while considering the liability of the insurance company in respect of any accident which occurred or would occur after the new Act came into force. He has relied on New India Assurance Company v. Satpal Singh & Ors. AIR 2000 SC 235 and M/s National Insurance Company Ltd. v. Baljit Kaur 2004 (1) ACJ 323 in support of his contentions.

8. Per contra, the learned counsel for the respondents has on the other hand relied on New India Insurance Co. Ltd. v. Asha Rani & Ors. ACJ 2003(1) 1 and Orintial Insurance Co. Ltd. v. Kesri Singh & Ors. CIMA No. 172/03.

9. Very recently this Court has in Oriental Insurance Co. Ltd. v. Kesri Singh & Ors. CIMA No.472/03 dealt with the matter and relying on a recent Apex Court judgment in National Insurance co. Ltd. v. Cholleti Bharatamma & Ors. 2008 (1) SCC 423 laid down that the Insurance Co. is not liable for the death of any passenger traveling in a goods carrier (truck). The Court observed as under:-

"This controversy has been finally settled by the Honble Supreme Court of India in case National Insurance Company ltd. v. Cholleti Bharatamma & Ors. reported in 2008 (1) SCC 423. It was held that section 147 of Motor Vehicles Act, 1988 does not contemplate that a goods carrier was carrying a large number of passengers with a small percentage of goods as the insurance policy considerably covers the death or injuries either of the owner of the goods or his authorized representative. The provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger traveling in a g

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