1. The appellant has challenged judgment and award passed by MACT, (Auxi.), Panchmahals at Godhra in MACP No.1883 of 2000 Exh.34 decided on 30th June, 2009. The Claims Tribunal has awarded Rs.4,15,000/- with 8% interest in favour of respondents-claimants.

2. Learned advocate Mr.K.K.Nair appearing on behalf of appellant-insurance company raised number of contentions before this Court challenging award in question. He submitted that deceased was travelling on roof of tempo when admittedly vehicle is goods vehicle. The FIR filed by cleaner of tempo not asked deceased to sit on roof of tempo, deliberately deceased was travelling on roof of tempo.

2.1 Learned advocate Mr.K.K.Nair has relied upon decision of Apex Court in case of National Insurance Co. Ltd. Vs. Cholleti Bharatamma and others reported in 2007(12) Scale 560. He submitted that owner of goods means only the person who travels in the cabin of the vehicle. Therefore he submitted that admittedly deceased was travelling on roof of tempo, therefore, insurance company is not liable to pay compensation. He also emphasise that it was case of a contributory negligence of deceased for travelling on roof of tempo without asked