THOTTATHIL B. RADHAKRISHNAN, J.

1. This appeal is against an award passed under the Workmen's Compensation Act, 1923, for short, the 'Act'. The insurer is the appellant.

2. Vehicle bearing No.KL-01 G 4271, which is a Bajaj pick-up auto, collided with a mini lorry and the person who was driving the pick-up auto died while being carried to the Medical College Hospital, Trivandrum. His legal representatives filed a claim under the Act.

3. The insurer contested fundamentally on two grounds. The first contention was that there is breach of the policy condition in as much as the deceased driver possessed a licence only to drive a passenger vehicle, i.e., to say, a vehicle other than a goods vehicle and the vehicle that met with the accident was a goods vehicle. The second contention was that the policy was granted only regarding a passenger vehicle, i.e., to say, Bajaj autorikshaw and not for a goods pick-up auto.

4. Appreciating the evidence, the Commissioner repelled the plea that the insurance was given only for a passenger vehicle. The Commissioner relied on the copy of the policy which was available along with the police papers. That showed that the policy initially issued