ORDER

1. THE OWNER HAS COME UP IN APPEAL BY SPECIAL LEAVE FEELING AGGRIEVED BY THE JUDGMENT OF THE HIGH COURT WHEREBY IN AN APPEAL PREFERRED BY THE INSURANCE COMPANY AGAINST THE AWARD MADE BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL THE AWARD HAS BEEN DIRECTED TO BE MODIFIED EXONERATING THE INSURANCE COMPANY AND CONFINING THE LIABILITY OF PAYMENT TO THE OWNER OF THE VEHICLE ONLY.

2. WE HAVE PERUSED THE COPY OF THE INSURANCE POLICY (EXT. D/2) AVAILABLE ON RECORD. IT RECORDS THE VEHICLE AS A COMMERCIAL VEHICLE. IN THE SCHEDULE ANNEXED WITH THE POLICY THE VEHICLE IS DESCRIBED AS "CHEVROLET LORRY WITH OPEN BODY". THE LICENSED CARRYING CAPACITY OF GOODS IS SPECIFIED AS "2 TONS". IT IS NOWHERE MENTIONED THAT THE VEHICLE WAS AUTHORISED TO CARRY PASSENGERS.

3. THE SUBMISSION OF THE LEARNED COUNSEL FOR THE APPELLANT HAS BEEN THAT THE VEHICLE BEING A PASSENGERS VEHICLE, THE LIABILITY SHOULD HAVE BEEN PASSED ON TO THE INSURANCE COMPANY WITHOUT REGARD TO THE FACT WHETHER THE PASSENGERS WERE GRATUITOUS OR NOT. HAVING PERUSED THE PARTICULARS OF THE VEHICLE, AS GIVEN IN THE INSURANCE POLICY, WE ARE SATISFIED THAT THE VEHICLE COULD NOT HAVE CARRIED PASSENGERS. THE VEHICLE SEEMS TO HAVE BEEN A GOODS VEH