JUDGMENT Mr. K. Kannan, J. (Oral):- There is a prayer on behalf of the respondent for an adjournment. The appeal comes up for hearing after 15 years of its institution. The petition relates to an accident of the year 1996 and there is simply no justification for a plea for adjournment on behalf of the counsel who is said to have been absorbed in judicial service. 2. The appeal by the Insurance Company is on the ground that the deceased was admittedly a gratuitous passenger in a goods vehicle in which there was no insurance cover. The case is governed through the decision of the Supreme Court in New India Insurance Company Limited Versus Asha Rani and others, 2001(3) PLR 637 and the liability cast on the insurer is, therefore, untenable. 3. The accident was the result of collision between the goods vehicle in which the deceased was travelling with yet another vehicle. The other vehicle had not been even made a party to make the claim as a third party to the other vehicle which would have made possible an enforcement of an award even against the insurer if there had been any proof of negligence of the other vehicle. If the claim was made against the owner and driver of the vehicle in which the deceased was travelling, then the liability could be only on the driver and the owner. The liability cast on the insurer is set aside. The claimants will have a right of enforcement of the award against the owner and driver. If the claimants have realized any portion of the award from the insurer, the insurer will exercise a right of recovery only against the owner and driver and not against the claimants. If any portion of the amount still remains unsatisfied, then the right of enforcement for the claimants will obtain only against the owner and driver and not against the insurer. 4. The appeal is allowed on the above terms. ---------0.B.S.0------------