( 1 ) APPELLANT is the insurer of the offending jeep vehicle bearing No. CTA 5241 of respondent No. 4 (R-4 ). The judgment and award dated 17-10-1996 of the M. A. C. T. , Udupi, Dakshina Kannada, holding the appellant also liable to pay 50% of the compensation to the claimants has been challenged by it on the ground that it is not liable in law to pay the same since the 'act only policy of insurance' issued by it in respect of the said private jeep vehicle did not cover the risk to the passengers travelling therein, as the deceased victim Ganapathi Adiga was an occupant thereof when it met with an accident.

( 2 ) A few relevant facts, as justifiably found proved by the Tribunal, are as stated under :on 7-10-1992, the deceased was travelling as a gratuitous passenger in the said jeep vehicle from Udupi to Kundapura in the District of Dakshina Kannada. It was being driven in high speed by its owner R-4. It was racing behind the goods truck bearing Registration No. MIR 9247 which was transporting the load of wooden logs which were protruding beyond its body. When both these vehicles reached near a place called Brahmavara, the truck was suddenly stopped without giving