1. This appeal is preferred against the award in O.P.(MV) No.2364/2004 of Motor Accident Claims Tribunal, Thrissur (for short 'tribunal') by the Insurance Company. The first respondent in this appeal sustained injury in a motor accident on 17.10.2003 at 12.35 p.m. while he was travelling in a goods autorickshaw and the tribunal awarded a sum of 80,100/- with interest and costs and the appellant was directed to satisfy the award.

2. The first respondent's case in the trial court was that on 17.10.2003 at 12.35 p.m., he hired goods autorickshaw KL- 8/R 5996 for purchasing fire wood from Ollur market. The driver of the goods vehicle driven the vehicle in a rash and negligent manner, as a result the vehicle capsized, he fell down and sustained serious injuries. The driver and owner of the vehicle were set ex parte in the lower court. The appellant admitted the insurance of the vehicle, but denied the liability since there was violation of policy conditions. The tribunal examined PW1 to PW3 and marked documentary evidence Exts.A1 to A9. Appellant's documents were marked as Exts.B1 and B2.

3. Learned counsel appearing for the appellant contended that first respondent was a gratui