Abdul Gafoor, J.

The insurer has come up with this appeal against the award passed by the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV) No.667 of 1995.

2. It is contended that there was an application under Section 170 of the Motor Vehicles Act, 1988 which was allowed permitting the appellant to take up all the grounds before the Tribunal below. It is submitted by the learned counsel appearing for the appellant that the appellant ought not to have been mulcted with the liability even in terms of the restriction contained in the policy to the extent of 50% in favour of the claimants as the deceased was a gratuitous passenger in a tractor tied with a trailer carrying goods. It is contended that the owner of the vehicle also had contended that the deceased was a gratuitous passenger. But, it has come out in evidence that at the material time, he was a head load worker engaged for unloading the articles loaded in the vehicle. When it was so found, necessarily he will come within the representative of the owner of the goods and it has to be taken that the owner of the goods had made arrangements for unloading the materials. The accident occurred on 28.3.1995, after the