J U D G M E N T

This appeal is preferred by the Insurance Company against the award passed by the Motor Accidents Claims Tribunal, Perumbavoor, in OP (MV) No.1671/00. Petitioner sustained injuries in a road accident while he was travelling in a tempo van. It is averred that on account of the negligence of the driver, the tempo van hit behind the lorry, resulting injuries to him. The court below awarded him a compensation of Rs.23,300/=, and also directed the Insurance Company to wipe off the liability. Insurance Company has come up in appeal.

2. The definite contention of the Insurance Company is to the effect that the claimant was a gratuitous passenger in a goods vehicle and was not covered by any policy, and, therefore, it is not liable to indemnify the owner of the vehicle.

3. I had perused the lower court records including the First Information Statement. In the First Information Statement given MACA No.841/2005 by the injured himself, it is stated that he is doing tapping work in Palakkad district. While he was returning home, he happened to travel in a tempo van, which met with the accident. Owner and driver of the vehicle also had filed written statements, wherein also, there