G.M.AKBAR ALI, J.

1. The insurance company has preferred the present appeal, challenging the liability on the following two grounds:

(i) that the injured was a gratuitous passenger in a goods vehicle; and

(ii) that the driver did not possess valid and effective licence.

2. Since the liability is challenged, the factum of accident and quantum are not discussed.

3. The admitted facts are as follows:

On 18.7.2007 at 8.10 a.m. the injured travelled in the goods vehicle which is a Minidor auto, bearing registration No. TN 25-E 7580, owned by the respondent No. 2 and insured with the appellant. The vehicle met with an accident and the injured suffered injury on the left hand and it was amputated. He filed claim petition before the Tribunal, claiming compensation.

4. The owner of the vehicle contested and the insurance company resisted the claim taking the two defences that-

(i) the injured was a gratuitous passenger in a goods vehicle; and

(ii) the driver did not possess effective and valid licence.

5. Evidence was let in to show that the injured was a loadman. He had travelled in the Minidor auto to load the cantering materials and during that course, the accident had occurred.

6. The dr