1. Disputing its liability, the Insurance Company directed this appeal.

2. The accident took place on 06.12.1999. The claimants, (Respondents 1 and 2 in this appeal) who are parents of the deceased in M.C.O.P.No.19 of 2000 are awarded a total compensation of Rs.2,42,800/-.

3. Learned counsel for the appellant contended that as the deceased travelled as a gratuitous passenger, in a goods carrying vehicle, namely, tractor, this case is not covered under the policy.

4. In support of the said contention, the learned counsel for the appellant also cited the following decisions:-

i) BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD. Vs. NAGAMMAL AND OTHERS [2009 ACJ 865];

ii) THE ORIENTAL INSURANCE CO. LTD. Vs. S.PALANISAMY AND OTHERS [C.M.A.Nos.2522 to 2533 of 2007, dated 30.08.2010] (Madras), (unreported); and

iii) THE NEW INDIA ASSURANCE CO. LTD., CUDDALORE Vs. SEENU AND OTHERS [C.M.A.Nos.1693 to 1698 of 2006, dated 06.09.2011] (Madras), (unreported).

5. The learned counsel for the appellant also contended that in the tractor, the driver and one person alone were permitted. However, at the time of accident, three persons have travelled in the tractor. The tractor is to be used