These appeal has arisen out of award dated 1.10.2009, whereby three claim cases namely, MAC No. 1374/2006, 1375/2006 and 1376/2010 have been disposed of by the learned Member, Motor Accident Claims Tribunal Kamrup, Guwahati.

2. The Victims of three Motor Accident Claims Cases, aforementioned, were travelling in vehicle bearing No. AS 01/R-7351 (truck) as labourer which met an accident on 8.5.2006 as a result thereof victim Sahajuddin, Maha Ali and Sahjamal died.

3. On allegations made on that behalf that he said truck was being driven rashly and negligently by the driver, three claim petitions in terms of section 166 of the Motor Vehicle Acts were filed by the respondent Nos. 1 to 7. The said truck admittedly was insured with the appellant herein. The Insurer while contesting the claims alleged that the victims were gratuitous passengers and the driver of the vehicle was not holding effective & valid driving licence.

4. The learned tribunal did not go into the question whether the victims were gratuitous passengers or travelling in the truck as labourer. However, it was held that the driver of the truck did not have the valid licence at the time of accident. Although there wa