Basheer, J.

1. The appellant-company is the insurer of a goods autorickshaw, which met with an accident while carrying some goods and the owner thereof, in it. The Tribunal after considering the claim of the victim/owner of the goods, passed an award directing the appellant to pay a sum of Rs.48,750/- towards compensation with 9% interest per annum.

2. The appellant takes exception to the above award contending primarily that the Tribunal ought to have exonerated it from the liability to indemnify the insured/owner of the vehicle in as much as;

(a) the claimant was not the owner of the goods which was allegedly being carried in the goods vehicle, and;

(b) the owner and driver of the vehicle were not supposed to allow the claimant to travel in the said vehicle which did not have any provision to accommodate a passenger, be it the owner of the goods or a gratuitous passenger.

The above contentions were repelled by the Tribunal. Hence this appeal.

3. Sri Mathews Jacob, learned senior counsel who appears for the appellant, lays heavy emphasis on the fact that no provision had been admittedly made in the goods autorickshaw to accommodate the owner of the goods as a passenger. He point