( 1 ) THE solitary point that is required to be considered by the Court in this case revolves around the issue as to whether the Insurance company in the case of goods vehicle namely a truck can be held liable for injuries that have been sustained by a person who claims to be the second driver. The incident in question took place on 19-5-1990 and the accepted position is that the respondent who is the claimant before the tribunal claims to be the employee of the owner in the capacity of driver. According to his evidence, at the time when the "accident took place another driver was operating the vehicle and the' claimant was sleeping in the cabin. He was thrown out of the cabin and sustained injuries of a somewhat serious nature. The Commissioner for workmen's Compensation awarded compensation aggregating to Rs. 43,382/- and the appellant Insurance Company has preferred the present appeal assailing the correctness of that Order. There is some delay in the presentation of the appeal but in view of the grounds made out, the delay is condoned, I. A. I, is allowed. The respondent-claimant though served has not appeared. In view of this position, since there was a serio