JUDGMENT

PRADIP MOHANTY, J. — Aggrieved by the order dated 22.9.1999 of the Member, 2nd Motor Accidents Claims Tribunal (S.D.), Ber¬hampur, in M.A.C. No.118/94 (39/94), the appellant-Insurance Company has filed this appeal.

2. The fact of the case, in brief, is that on 2.9.1998 at about 10.30. P.M. while one Satyanarayan Pradhan (hereinafter referred to as the ‘deceased’) was travelling in the Trekker bearing Registration No.OSG 7680 as a passenger, due to rash and negligent driving of the driver, he fell down and succumbed to the injuries. The claimants, who are the parents of the deceased have filed the claim petition for compensation.

The owner of the offending vehicle contested the case deny¬ing the allegation. He has taken the stand that the vehicle was insured with the appellant and there was valid driving licence. The Insurance Company filed written statement and took the stand that the deceased was not a passenger, but the helper of the vehicle and, therefore, the policy does not cover the risk and, hence, the appellant is not liable to pay compensation.

Upon hearing the parties and taking into account the evi¬dence on record, the learned Tribunal awarded Rs. 75,000/- as co