1. The award passed by the Motor Accidents Claims Tribunal, Jashpur (for short 'the Tribunal') mulcting the liability upon the appellant / insurer of the offending vehicle, granting compensation in respect of the death of a gratuitous passenger in a goods vehicle, placing reliance on an overruled decision rendered by the Apex Court in New India Assurance Co. Ltd. v. Satpal Singh , 2000 ACJ 1 (SC) [overruled in New India Assurance Co. Ltd. v. Asha Rani , 2003 ACJ 1 (SC)], is highlighted as the grievance in this appeal.

2. The deceased, namely, Ajay Ekka, aged about 23 years, was admittedly travelling by sitting on the side of the driver of the transport vehicle, i.e., pickup van bearing registration No. CG 14 - A 3573 on 13.9.2009. When the vehicle reached the place of occurrence, the driver lost control over the vehicle and it dashed against a tree because of rash and negligent driving, causing serious injuries leading to his death. This led to the claim petition preferred before the Tribunal seeking compensation under various heads.

3. It was the case of the claimants that the deceased was employed as an electrician and was having a monthly income of Rs. 5,000. The owner and drive