N.K. Gupta, J.

Heard on admission.

2. The appellant-Insurance Company has preferred the present appeal against the award dated 6.11.2009 passed by the Third MACT, Jabalpur in Claim Case No.8/2008 whereby the compensation of Rs. 1 lakh along with interest was granted to the respondent No.1 by ignoring the objection raised by the Insurance Company that the vehicle was goods vehicle and the deceased was a passenger in the goods vehicle.

3. The brief facts of the case are that the deceased Jairam was working in a tent house as a Manager and worker. On 8.4.2007 he was taking luggage of the tent house in a vehicle bearing registration No.MKE/T/J-0880 and due to accident Jairam fell down from the vehicle and died. The respondent No.1 preferred a claim application under Section 166 of the Motor Vehicles Act.

4. The Tribunals after framing of the issues and recording of the evidence of the parties found that no violation of the policy condition was done by the driver or insured person, and therefore the Insurance Company was also held liable to pay compensation of Rs. 1 lakh.

5. After considering the submissions made by the learned counsel for the parties and looking to the facts and c