S. S. JHA, CHANDRESH BHUSHAN, JJ.

( 1 ) THIS appeal is by the insurance company challenging the award passed by Claims tribunal in favour of respondent No. 1. Contention of appellant insurance company is that insurance company is not liable to pay the compensation for the death caused to a passenger in a goods carriage. Claimants have filed cross-objection for enhancement of compensation.

( 2 ) ADMITTED facts of the case are that the deceased Gariba was travelling in the goods carriage bearing No. MPW 9754, which was being driven by Raju, respondent No. 2 and owned by one Ajmer Singh, respondent No. 3. On account of overturning of the truck Gariba died on the spot. Thereafter claim has been filed. Contention of the counsel for the appellant insurance company is that insurance company is not liable to pay compensation in the case of goods carriage. Reliance has been placed by counsel for appellant in the judgment of New India Assurance Co. Ltd. v. Asha rani, 2003 ACJ 1 (SC) and judgment of oriental Insurance Co. Ltd. v. Devireddy konda Reddy, 2003 ACJ 468 (SC ). The apex Court while noticing the change in the definition of 'goods vehicle' occurring in section 2 (8) of the Motor Vehi

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