This appeal arises out of an order passed by the Motor Accidents Claims Tribunal (District Judge), Chingleput, awarding compensation in a sum of Rs.4, 500 to the first respondent who sustained an injury, in an accident which occurred on December 24, 1961, while he was returning from Nagore to Madras in the delivery van of the second respondent-Snuff Factory (P.) Ltd.-M.S.X.6134, driven by one Jayavelu, and which van has been insured with the appellant, M/s. The General Assurance Society Ltd., Madras, under a comprehensive policy including third party risk

The General Assurance Society Ltd. have preferred the appeal on the grounds that they are not liable to pay compensation to the first respondent, that their obligation rests only with recompensing the insured company for the loss or damage caused to the insured car, that the accident did not occur while the first respondent was in the course of his employment and that the injured person was not a third party as per the provisions of the Motor Vehicles Act. They further contend that the injured person being a passenger is not a third party and there is no statutory liability on the part of the insurance company to give c