JUDGMENT :

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988, as amended, (hereinafter referred to as the Act) is directed against the judgment and award dated 18.06.2012 passed by the Member, Motor Accident Claims Tribunal, Dibrugarh (hereinafter also referred as the Claims Tribunal, in short) in MAC Case No. 102/2010. By the said judgment and award dated 18.06.2012, the Claims Tribunal had allowed two claim applications, MAC Case No. 101/2010 and MAC Case No. 102/2010, which were filed by two different claimants under Section 166 of the Act seeking compensation for the deaths caused to two different persons in an accident that occurred on 25.04.2010 involving the use of one vehicle bearing registration No. AS-06/F-9187, a 709 truck. The present appeal is in respect of MAC Case No. 102/2010.

2. In respect of the claim application, MAC Case No. 102/2010, the Claims Tribunal had awarded an amount of Rs. 2,74,000/- as compensation to the claimant, who is the respondent No. 1 herein, along with simple interest @ 6% per annum from the date of filing of the claim application. The appellant-insurer was directed to pay the said amount of compensation within one month from the date of delivery of the judgment and award dated 18.06.2012.

3. The undisputed facts which have emerged in respect of the claim application, MAC Case No. 102/2012, are recapitulated hereinafter. On 25.04.2010, one Barjuram Sik, the deceased, was travelling in a vehicle, a 709 truck, bearing registration No. AS-06/F-9187 (herein after referred as the truck) along with some other persons. While so proceeding during its journey the truck capsized at about 11-00 a.m. at a place on Joypur Road, at about 5 k.m. away from Namsang Tea Estate and the deceased sustained grievous injuries. The accident stated to have happened due to the act of rash and negligent driving on the part of the driver of the truck. Besides the deceased, the truck was carrying a number of persons, who were going to attend Dangoria Baba Puja festival. Though after the accident the deceased was taken to the Assam Medical College & Hospital (AMCH), Dibrugarh by the police but the doctors at the AMCH declared him brought dead and the post-mortem examination of the deceased was carried out therein. It may be stated that in the same accident, another person viz. Binod Bibhar also died and it was in respect of his death the other claim application, MAC Case No. 101/2010, was preferred. In respect of the said accident, the police registered a case being Joypur Police Station Case No. 36/2010 against the driver of the truck under Sections 279/338/304A/427, Indian Penal Code (IPC).

4. The claimant in MAC Case No. 102/2012 was the wife of the deceased, late Barjuram Sik. The owner, the driver and the insurer of the offending truck were impleaded as opposite party No. 1, opposite party No. 2 and opposite party No. 3 respectively. On receipt of notice from the Claims Tribunal, the owner and the insurer of the offending truck appeared and contested the case by filing respective written statement. Apart from other contentions, the insurer had raised the specific plea that the deceased was travelling in the truck, a goods carrying vehicle, and thus, he was a gratuitous passenger. As such, the insurer had got no liability to indemnify the insured owner under the policy. The liability of the insurer was subject to fulfillment of the terms and condition of the policy by the insured-owner at the relevant time. On the other hand, the insured owner had, inter-alia, contended that as the vehicle was duly insured under a valid and effective policy of insurance, it was entitled to be indemnified by the insurer. The opposite party No. 2-driver of the truck did not appear and contest the claim application.

5. On the basis of the above pleadings of the parties, the Claims Tribunal framed the following issues :-

(1) Whether Binod Bibhar and Borjuram Sik, died in the motor vehicle accident, that took place on