Yesterday when this case was called none had appeared for the appellant and it was ordered that the case shall be listed today and again if nobody is present for the insurance company the appeal shall be heard and disposed of on merits. Today also none is present.

2. Briefly stated the facts of the case are that the claimant filed a claim petition claiming that her husband was travelling in ‘Maruti Van’ bearing Registration No.TR-02-A-0402 which met with an accident due to the rash and negligent driving of the said vehicle. According to the claimant, the Maruti Van dashed into a stationary ‘Truck’ bearing Registration No.TR-01-D-1659. The deceased was taken to various hospitals both inside the state of Tripura and also to Calcutta. Unfortunately, the husband died at Calcutta and thereafter the dead body had to be flown to Agartala for the funeral rites. The learned Tribunal awarded total compensation of Rs.4,92,882/-.

3. This appeal has been filed by the insurance company of the Maruti Van and the main ground which has been raised is that since the deceased was travelling as a passenger in the vehicle the insurance company is not liable.

4. I have gone through the policy and