JUDGMENT :

A. BADHARUDEEN, J.

1. Bajaj Allianz General Insurance Co. Ltd. who is the 2nd respondent in O.P. (M.V.) No. 84/2009 on the file of the Motor Accidents Claim Tribunal, Kasaragod, is the appellant herein. The respondents are the original petitioner as well as the original 1st respondent before the Tribunal.

2. The Insurance Company disputed liability and sought exoneration from liability raising contention that the 1st respondent/injured was a gratuitous passenger in a goods vehicle viz. Goods Autorickshaw bearing registration no. KL-14G-3792. Though the appellant sought for exoneration, the Tribunal did not allow the same.

3. Heard the learned counsel for the appellant.

4. It is argued by the learned counsel for the appellant that the Tribunal negatived the contention raised by the Insurance Company to grant full exoneration without rationale though the 1st respondent/original petitioner was travelling in the goods autorickshaw involved in the accident after sharing the seat of the driver where driver alone was permitted to travel. According to the learned counsel the finding of the Tribunal giving the 1st respondent/petitioner the status of a person accompanying the goods car