S. C. MOHAPATRA, J.

( 1 ) CLAIMANT is the appellant in this appeal under S. 110-D of the Motor Vehicles Act, 1939 (in short 'the Act' ).

( 2 ) ADMITTEDLY, on 23rd December, 1978, in the night at about 9 p. m. the truck bearing registration No. MEM 9020 was coming on the National Highway No. 5 towards Cuttack. Between Chandikhole Chhak and Badachana it faced with an accident and the claimant sustained injuries.

( 3 ) CASE of the claimant is that he was a pedestrian along with P. W. 6. The truck hit him from behind and thereafter it dashed against a culvert and was capsized. As a result of the accident, he sustained injuries and became unconscious. Ultimately, he lost his right hand on account of amputation. He claimed compensation of Rs. 1,20,000/ -.

( 4 ) DESPITE notice, owner of the vehicle did not appear before the Tribunal. Accordingly, insurer was allowed to contest on merits also. It is the case of the insurer that the claimant was a gratuitous passenger in the truck and accordingly, under the terms of the policy, the insurer would not be liable.

( 5 ) THE claim case was heard along with the claim case of the dependents of a deceased in the same accident. One set of eviden