JUDGMENT :

This appeal is filed by the appellant/second claimant in O.P (MV) No.495 of 2003 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara. The respondents herein are the first and third claimants and the respondents before the tribunal.

3. The first and second respondents were the owner-cum-driver and the insurer of the offending vehicle respectively and the third respondent was the mother of the deceased. The second respondent – insurer filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. They contended that the first respondent was not holding a valid driving licence and badge to drive a mini goods vehicle. They filed an additional written statement contending that the deceased was a gratuitous passenger and there is no ins