This appeal is directed against order dated 6.11.2000 in O.P.No.649 of 1996 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nellore (for short, `the tribunal'), wherein the claim of the appellant was allowed in part awarding compensation of Rs.25,000/- under `No fault liability' with interest at 12% per annum from the date of filing of the petition.

2. The appellant herein filed the claim application before the tribunal seeking compensation of Rs.1,00,000/- for the injury sustained by him in a motor vehicle accident that occurred on 07.1.1995. According to him, on that day, he boarded the lorry bearing No.AP-26-T-5338 along with his sewing machine at Kavarpet to go to Sullurpet and on account of rash and negligent driving of the lorry by its driver, the vehicle over turned resulting in multiple injuries including a crush injury on the left hand of the claimant and that his left thumb was amputated and thereby he became permanently disabled. It is further pleaded that on account of the permanent disability, he lost his earning capacity as tailor.

3. The first respondent-owner of the lorry remained ex parte.

4. The second respondent-insurer filed a counter opposing the claim and denying their liability to pay compensation.

5. On the strength of the pleadings, the tribunal framed the following issues: 1)Whether the alleged accident occurred due to the rash and negligent driving of the vehicle bearing No.AP-26-T-5338 by its driver? 2) Whether the petitioner is entitled to compensation and if so to what amount and from which of the respondents ? 3) To what relief? Additional Issue: Whether the vehicle in question belongs to first respondent and stood insured with 2nd respondent/insurance company by the date of accident and if so whether the policy covers the risk of the petitioner?

6. PWs.1 to 4 were examined and Exs.A-1 to A-7 were marked on behalf of the claimants. RW-1 was examined and Ex.B-1 copy of the policy was marked on behalf of the respondent.

7. On a consideration of the evidence on record, the tribunal gave a finding on issue No.1 that the accident did not occur due to the rash and negligent driving of the lorry by its driver and that it was an act of Vismajor. On issue No.2, the tribunal held that the claimant is entitled for a total compensation of Rs.25,000/- towards `No fault liability'. On additional issue, the tribunal held that the risk of the claimant is covered by the policy Ex.B-1, as the claimant was the owner of goods. Accordingly, an award was passed for the said amount of Rs.25,000/- with interest at 12% per annum from the date of the petition.

8. Aggrieved by the said award, the claimant preferred the present appeal.

9. Arguments of the learned counsel for the appellant and respondent are heard. Records are perused.

10. Learned counsel for the appellant contended that the tribunal erred in holding that the accident was due to vismajor and that the driver of the lorry was not responsible. She further contended that the tribunal ought to have estimated and awarded compensation under fault liability having due regard to the fact that the claimant sustained amputation of right thumb, which is shown to be a permanent disability to the extent of 60%, as per the disability certificate Ex.A-3.

11. Learned counsel for the respondent, on the other hand, contended that the claimant was traveling in the lorry as unauthorized passenger and therefore, the insurer is not liable to pay compensation, as the risk in respect of such persons is not covered by the policy Ex.B-1.

12. The case of the claimant is that he was traveling in the lorry AP-26-T- 5338 having boarded the same along with sewing machine at Kavarpet, in order to go to Sullurupet and on the way, near Chenigunta, the driver lost control over the vehicle due to rash and negligent driving and the lorry went off the road and over t