M.L. Joseph Francis, J.

M.A.C.A. 1466 of 2005 is filed by the third respondent, New India Assurance Company Ltd., in O.P. (M.V.) No. 1444 of 2001. M.A.C.A. 1471 of 2005 is filed by the third respondent in O.P.(M.V.) No. 1495 of 2001 and M.A.C.A.No. 1479 of 2005 is filed by the third respondent in O.P.(M.V.) No.1467 of 2001 on the file of the Motor Accidents Claims Tribunal, Kottayam. The respondents in the above appeals are the petitioners and other respondents in the O.P.M.Vs., which are filed under S.166 of the Motor Vehicles Act.

2. A motor accident occurred on 22.7.2000 at about 8.30 p.m. on the Chengalam -Pallikathodu Public road at Kavunginpalam within Pallikathodu Police Station limit, in which the petitioner Sajan Jacob @ Sajan of O.P. 1444 of 2001, Jobin Antony @ Jobin of O.P.(M.V.) No.1465 of 2001, Sajeev Jacob @ Sajeev of O.P.(M.V.) No.1467 of 2001 sustained injuries and deceased Antony of O.P.(M.V.) No.1495 of 2001 sustained fatal injuries.

3. The petitioners in the above claim petitions as well as deceased Antony were head load workers and Mason respectively, who were travelling in goods vehicle No. KL 5D/7225, driven by the second respondent, on the way back home after having unloaded concreting material s at their point of destination. While so, when they reached at the place of the accident, due to hectic speed and rash driving of the second respondent, the vehicle went out of control and struck against the kayyala on the side of the road thereby capsizing and causing injuries to the petitioners Sajan, Jobin and Sajeev as well as fatal injuries to Antony, who succumbed to the injuries sustained, on the way to the hospital.

4. The petitioner in O.P.(M.V.) No.1444 of 2001 claimed compensation of Rs. 1.5 Lakhs, petitioner in O.P.(M.V.) No.1465 of 2001 claimed compensation of Rs.50,000/-and petitioner in O.P. (M.V.) 1467 of 2001 claimed compensation of Rs.70,000/-from respondents 1 to 4, the driver, owner, insurer as well as insured owner of the offending vehicle.

5. The legal heirs of the deceased, Antony, in O.P.(M.V.) No. 1495 of 2001 claimed compensation of Rs. 6,41,000/- stating that they were dependents of Antony, who was a Mason, aged 42 years, receiving Rs.5,000/-p.m. from his work. They also stated that by the accidental death, the petitioners suffered loss of love and affection as well as loss of dependency in their life.

6. The third respondent, Insurer, filed separate written statement in all the claim petitions. It raised almost similar and identical contentions in each claim. The Insurance Company denied the allegations of negligence raised against the second respondent driver and stated that the offending vehicle went out of control and capsized due to mechanical defect. It was further contended that the second respondent was not having any driving licence to drive the offending vehicle at the time of the accident. It denied the liability contending that eventhough the vehicle was insured by the third respondent, it has no liability to indemnify the risk of the petitioners and the deceased since they were gratuitous passengers travelling in the offending goods vehicle.

7. The above claim petitions were tried jointly and evidence was recorded in O.P.(M.V.) No.1444 of 2001, Pws. 1 to 4 were examined and Exts. A1 to A22 and B1 to B3 were marked. The learned Claims Tribunal, on considering the evidence, allowed the above petitions. O.P.(M.V.) No.1444 of 2001 was allowed and the petitioner was allowed to recover Rs. 32,700/-with interest at the rate. of 6% p.a. from the date of the petition till the date of realisation. O.P.(M.V.) No.1465 of 2001 was allowed and the petitioner therein was allowed to realise an amount of Rs.6,000/-with interest at the rate of 6% p. a. from the date of the petition till the date of realisation. O.P.(M. V.) No. 1467 of 2001 was allowed and the petitioner is allowed to realise a sum of Rs.25,520/-with 6% interest from the date of the petition till the date of reali