JUDGMENT : 1. Mr. Thakore, learned advocate for the respondents not remained present even in the third round. 2. This appeal is directed against the judgment and award dated 29.05.1999 passed by the Motor Accident Claims Tribunal (Auxi), Rajkot in Claim Case No. 382 of 1994 whereby the learned Tribunal has partly allowed the case by awarding compensation in the sum of Rs.118000/- with interest at the rate of 12% per annum from the date of petition till realization. 3. On 19.02.1994 at 12.30 hours the claimant was travelling in Chhakdo Rickshaw No. GJ-3T-4387 with his goods as an owner of the goods. At that time, another rickshaw bearing registration No. GTH1732 driven rashly and negligently and collied with Chhakdo rickshaw. As a result thereof, the claimant received serious injuries and took prolonged treatment. He therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal. 4. Learned advocate appearing for the appellant-Insurance Company mainly contended that the vehicle involved in the accident was goods vehicle and therefore the insurer would not be liable to pay compensation for the claimant who was travelling in a goods vehicle and met with death of bodily injuries on account of an accident. In support of his submission, he placed reliance on the decision on the decision of the Honble Apex Court in case of New India Assurance Co. Ltd v. Asha Rani and other reported in (2003) 2 Supreme Court Cases 223. 5. Heard learned advocate for the appellant and perused the documents on record. The question arising in the present appeal is whether the insurer is liable to pay compensation to the claimant who was travelling as passenger in goods vehicle and thereby there is breach of policy. Further, in the case of New India Assurance Company Limited v. Asha Rani and others, reported in 2002(2) GLR 1001 =AIR 2003(1) SC 607 the Apex Court has clearly held that insurer of the goods vehicle will not be liable to pay compensation in respect of death or bodily injury to passengers carried in a goods vehicle. Therefore there was breach of terms of the policy by the owner of the vehicle. This view is supported by the decision in the case of New India Assurance Co. Ltd v. Asha Rani and other (supra). 6. Therefore there was breach of terms of the policy by the owner of the vehicle. This view is supported by the decision in the case of New India Assurance Co. Ltd v. Asha Rani and other (supra). 6. In view of the above the insurance company is not liable to pay the compensation to the claimant since the vehicle involved was goods vehicle and claimant was travelling as passengers in a goods vehicle. 7. For the foregoing reasons, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimant, the same shall not be recovered from the original claimant and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. If the amount is not withdrawn by the original claimant, it will be open to him to recover the same from the owner of the vehicle. No order as to costs. Appeal allowed.