P.A. Mohammed, J.

These three appeals are directed against the common award in O.P.(M.V.) Nos. 681,682 and 683 of 1988 of the M.A.C. Tribunal, Ernakulam respectively. The common appellant herein is M/s. Oriental Insurance Company, who is the third respondent in all the claim petitions before the Tribunal. The claimants in the above petitions are persons who sustained the personal injuries in the motor accident occurred on 13.12.1987 near Cochin Naval Base. First respondent in all the appeals is the claimant. Likewise, respondents 2 and 3 are the owner and driver of the jeep involved in the accident. The claimants were the persons who travelled in the jeep on the invitation extended to them by its owner and driver.

2. The Tribunal after the enquiry found that the accident was occurred due to the rash and negligent driving of the third respondent driver. It further found that the injured persons were gratuitous passengers and therefore the decision of the Orissa High Court in Oriental Fire and General Insurance Company Ltd. v. Nanathan Prathan & Ors. (1988) 2 ACJ 792) and the decision of this Court in M.F.A. No. 156 of 1988 would apply. That means the insurer was liable to