S. VENKATARAMAN, J.

( 1 ) IN this appeal the insurer has questioned the correctness of the judgment and award of the tribunal fastening the liability to pay the compensation on the insurer.

( 2 ) THE claimant-first respondent sustained injuries in an accident when he was travelling on the pillion of the motor cycle belonging to the second respondent and driven by the third respondent on 17. 1. 1982 at 11. 15 p. m. The respondent Nos. 2 and 3 did not contest the claim, only the appellant insurer contested the claim. The Tribunal having found that the accident took place due to the rash or negligent driving of the motor cycle has awarded a compensation of Rs. 50,000/towards injuries, pain and suffering, Rs. 2,000/- towards expenses, Rs. 1,000/- towards future expenses, Rs. 6,732. 42 towards loss of earnings during the period of treatment and Rs. 20,000/towards loss of future income, in all a sum of Rs. 81,232/ -. The Tribunal has further held that as under the policy the seating capacity of the vehicle had been shown as 1+1, the policy covers the risk of even the pillion rider and has, therefore, directed the insurer to pay the compensation in the first instance.

( 3 ) THE learned

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