JUDGMENT :

Pradipta Ray, J. - The present appeal has been preferred by the Insurer. Oriental Insurance Co. Ltd. against the judgment and award dated March 8, 2001, passed by the 1st. Motor Accident Claims Tribunal, Mayurbhanj, in M.A.C.T. Misc. Case No. 61 of 1996 awarding compensation is favour of the deceased a pillion rider on a scooter and holding the Insurer liable to pay such compensation.

2. The main question urged by the Appellant in the present appeal is whether the pillion rider travelling gratuitously can be said to be covered under the "Act only" Insurance Policy"

3. The deceased Bijendra Khuntia was travelling as a pillion rider on a scooter bearing registration No. OSM 2917 driven by Sri Harihar Das the owner of the said scooter. They were going to Bisoi from Bangriposi. On Bamamghaty hill while the offending scooter was giving side to a vehicle coming from the opposite direction, the scooter dashed against a road side stone and the deceased was thrown on the road and sustained grievous injuries on his head and other parts of the body. The deceased was initially treated in Baripada Hospital, and. thereafter, removed to S.C.B. Medical College and Hospital, Cuttack. He ult