R.K. GAUBA, J.

1. Harish Chand Anand (the first respondent herein) had filed the petition under Section 166 of Motor Vehicles Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (the tribunal), which registered it as Suit No. 67/2003, seeking compensation for injuries suffered in a motor vehicular accident that had occurred on 21.8.99 around midnight while travelling in motor vehicle bearing registration No. HR 38C 4790 (hereinafter the offending vehicle).

2. The case as presented by the first respondent before the tribunal was that the offending vehicle was owned by Bhagat Ram (the second respondent herein) and was driven in a rash/negligent manner at the time of accident by Agya Ram @ Teja (the third respondent herein). The offending vehicle concededly was insured against the third party risk for the period in question, with the appellant insurance company, it having been impleaded before the tribunal as party respondent No.3.

During the inquiry, the insurance company, inter alia, pleaded that the first respondent (the claimant) was a gratuitous passenger in the offending vehicle and since the vehicle was a goods transport vehicle, the insurance company could not