The United India Insurance Company, the 2nd respondent in O.P.(MV)2277/2000 of the Motor Accidents Claims Tribunal, Thrissur, is the appellant. The accident occurred on 23-1-2000, involving a goods autorikshaw, bearing registration No.KL-8/D 7044, in which the claimant, the first respondent herein, was travelling, accompanying the goods, firewood, as the owner of the firewood, and he sustained injuries. The Tribunal awarded a compensation of Rs.35,480/- and directed to realize the amount from the insurance company, the appellant. The same is under challenge.

2. The contention of the learned counsel for the appellant, insurance company, is that there is no provision in Ext.B1 policy of insurance for carrying any passenger in the goods autorickshaw. Thus, the claimant was a gratuitous passenger. Therefore, as the goods autorikshaw is not covered under the policy for carrying any gratuitous passenger, the insurance company is not liable to indemnify the owner of the vehicle. Hence, the claimant is not entitled for any compensation amount from the insurer. It is, therefore, contended that the Tribunal went wrong in directing the insurer to honour the award. The learned couns