JUDGMENT :

A. BADHARUDEEN, J.

1. This appeal emanates by way of challenge against award in O.P. (MV) No. 1158/2008 dated 27.04.2012 on the file of the Motor Accident Claims Tribunal, Ernakulam at the instance of the original 3rd respondent M/s. Reliance General Insurance Company Ltd. The respondents herein are the minor petitioner as well as original respondents 1 and 2 before the Tribunal.

2. The appellant herein is aggrieved in the matter of disallowing exoneration from liability, after holding that the original petitioner/1st respondent herein was a gratuitous passenger in a goods autorickshaw.

3. Heard both sides.

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 as a gratuitous passenger. It is submitted by the learned counsel for the appellant further that the Tribunal also found that the injured would not cover under the terms of policy being a gratuitous passenger in a goods autorickshaw. At the same time, t