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Thus, it is evident that even in terms of the judgment in Baljit Kaur and others (supra), a gratuitous passenger travelling in a goods vehicle is not covered. Same is the ratio of Bommithi Subbhayamma and others (supra), Brij Mohan and others (supra)Vedwati and others (supra), Kaushalaya Devi and others (supra) and Rattani and others (supra).

13. Law laid down by Hon'ble Apex Court in the case of Asha Rani and others (supra), though held that the gratuitous passengers are third parties which are not statutorily mandated to be covered in the policy and, thus, when the policy does not cover them, the insurers are not liable to pay compensation for them. But, this matter remained in limbo till 2018 when the Hon'ble Supreme Court dealt with it in National Insurance Company Limited Vs. Parvathneni and another, (2018) 9 SCC 657 where the Coram of the Judges was three and Hon'ble Apex Court while dismissing the appeal held that it is upon the discretion of the Court to apply the doctrine or not.

22. Thus, there is a dilemma. On the one hand, Hon'ble Supreme Court in the case of Asha Rani and others (supra) , has categorically held that since policy does not cover gratuitous passengers and there being no coverage, insurance company is not liable to pay compensation in the case of gratuitous passengers.

23. In the case of Parvathneni and another (supra) , Three Judges Bench of Hon'ble Supreme Court had an occasion to deal with the issue, but, it observed that -keeping in view the smallness of the amount involved, we are not inclined to entertain this petition under Article 136 of the Constitution of India. The Special Leave Petition is dismissed accordingly. The questions of law raised in this petition are kept open to be decided in an appropriate case. Thus, it is evident that since the law laid down by Hon'ble Supreme Court in the case of Asha Rani and others (supra) , still holds the NEUTRAL CITATION NO. 2025:MPHC-JBP:9932 10 MA-2942-2013 field and the basic principle as has been reiterated thereafter is the same that gratuitous passengers travelling in a goods vehicles are not covered under the terms and conditions of the policy, therefore, there cannot be any coverage for them.