Akhilesh Chandra, J. – Heard learned counsel for the appellant. None turned up on behalf of the respondents, similar was the position yesterday also and matter was adjourned for today enabling learned counsel for the respondents to appear and contest the appeal, if so wishes, but it proved futile. 2. This is an appeal against the order dated 6th August, 2010 passed in M.V. Claim Case No. 42 of 2005 passed by Shri Bipin Bihari Lal, Additional District Judge – Ist-Cum-Additional Motor Accident Claim Tribunal, Nawadah awarding death compensation to the heirs of the deceased gratuitous passenger on a tractor. 3. The one and only ground assailing the order impugned is that there was no policy for a gratuitous passenger nor any premium was paid and this case appears squarely covered by a decision of this Court rendered in M.A. No. 64 of 2007 based on consideration of the decisions of the Apex Court, apart from others reported in “ 2008 (1) P.L.J.R. 127 (S.C.) (United India Insurance vs. Serjerao & Ors.)” and the appellant insurance is not at all liable to pay a single amount against such claim. 4. On going through the facts and circumstances and the decisions referred above, the impugned order is set-aside and this appeal is allowed.