ORDER

1. Heard.

2. This appeal is filed by the Insurance Company being aggrieved of award dated 27.9.2021 passed by learned First Additional Motor Accident Claims Tribunal, District Dindori in M.A.C.C. No.414/2016.

3. This appeal is filed by the insurance company mainly on two grounds.

4. First ground is that deceased Vasudev Yadav was gratuitous passenger in a pickup Van and therefore, insurance company is not liable to compensate the claimants in absence of there being any endorsement in the insurance policy (Ex.D-5) charging any premium for gratuitous passenger.

5. Second ground which has been taken by learned counsel for the appellant is that learned Tribunal has awarded a sum of Rs.2,09,000/- under the head of non-pecuniary compensation which should have been 70,000/- in place of 2,09,000/-.

6. Shri Kapil Patwardhan, in his turn, submits that deceased was not a gratuitous passenger but was owner of the goods or at best representative of the owner of the goods as has been accepted by DW-1 in his crossexamination. It is further submitted that in terms of the law laid down by the Hon’ble Supreme Court in case of Magma General Insurance Co. Ltd v. Nanu Ram Alias Chuhru Ram, 2018 ACJ 27