JUDGMENT Pushpendra Singh Bhati, J. - This misc. appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellant-Insurance Company claiming the following relief: "It is, therefore, prayed that the appeal be allowed, impugned judgment and award be set aside and the claim petition be dismissed or in the alternative the appellant is exonerated." 2. The unfortunate accident had happened on 08.05.1988 when the Jeep being driven from Bambora to Salumber turned turtle and the deceased-relative of the claimants expired, as a result thereof. 3. The appeal was submitted with delay but the delay was condoned. 4. Learned counsel for the appellant-Insurance Company submits that if the passenger was travelling after paying for his travel then also the private vehicle was not covered in the policy, and if he was travelling as gratuitous passenger, then also he was not covered. 5. Learned counsel for the appellant Insurance Company further submits that in either of the cases, since the deceased passenger was travelling in the Jeep, therefore, he cannot termed as third party sufferer, and thus, ought not to be indemnified by the Insurance Company. 6. Learned counsel for the respondents-claimants opposes the submissions. 7. This Court takes note of the fact that the accident has happened in the year 1988 and already 31 years have elapsed since then, and moreover, the award in question has already been complied with by the Insurance Company. This Court also takes note of the fact that the Insurance Company had failed to produce the original policy and also did not produce in the evidence the Branch Incharge or Manager to confirm the conditions of the policy. 8. Looking into such uncertainity, when the Insurance Company itself has failed to produce the policy and the award is 15.07.1992 as also the accident had happened on 08.05.1988 and the compliance has also been made, no case for interference is made out in the present appeal and the same is accordingly dismissed. All the pending applications stand disposed of.