Judgment

Srinivasan, J.-On August 25, 1970, the fiat car owned by the second appellant collided with a goods carrier on Shimla-Kalka National Highway near Kandaghat Post Office. The car was being driven by the first appellant, a brother of the second appellant. The car was in­sured with the fifth respondent. Kishan Sarup Thapar, an advocate of Chandigarh who was travelling in the car got injured and was hospita­lised for some time. He approached the Motor Accidents Claims Tribu­nal, Solan and Srimur Districts claiming compensation of Rs.1,25,000/-.The owners and drivers of both the vehicles as well as the insurers were impleaded as parties. The Tribunal found that the acci­dent occurred due to negligence of the driver of the car and passed an award for Rs. 15,800/- against the appellants and the fifth respondent herein. The claimant filed an appeal in the High Court claiming more compensation while the insurer (5th respondent), filed an appeal disputing its liability to satisfy the claim. The claimant’s appeal was allowed by a learned judge in part and the compensation was enhanced to Rs. 20,800/-. The learned judge held that the claimant was a gratuitous passenger travelling in the