SUNIL HALI, J. - (1.)TWO claim petitions came to be filed before the Motor Accidents Claims Tribunal, Doda by respondent No. 1/claimant. It was stated in the claim petitions that respondent No. 1 alongwith his two minor sons while traveling in a vehicle bearing registration No. JKS -4851 from Malhori to Pul Doda met with an accident due to rash and negligent driving by its driver in which his two minor sons died. The said vehicle was owned by respondent No. 2 and was insured with the appellant -company.
(2.)THE claim petitions were contested by the respondents before the Tribunal on the following grounds:
1. That the petition was not maintainable as the driver of the vehicle was not impleaded as party respondent. 2. That the offending vehicle was being driven by an unauthorized person, who did not have a valid licence at the time of accident.

The question whether respondent No. 1/claimant while traveling in the goods Carrier vehicle alongwith his minor sons as gratuitous passengers was entitled to seek compensation which was to be determined by the Tribunal. The Learned Tribunal after framing five issues and recording the evidence, passed an award of Rs. 1,50,000/ - in each petition in favour of the claimant alongwith interest @ 9% per annum from 1st January, 1998 till its realization. It is in these Circumstances, the present appeals have been filed by the appellant -company.

(3.)AT the very outset it is noted that appellant has not chosen to file an application under Section 170 of the Motor Vehicle Act to question the awards on any other grounds in addition to the grounds provided under Section 149 Clause 2 of the Act. The awards have been questioned by the appellant - company on the following grounds.
1) That an unauthorized person having no valid licence was driving the vehicle. 2) That the deceased were traveling in a goods Carrier vehicle as gratuitous passengers, the appellant company was not liable to indemnify the insured and pay any compensation to the claimant. 3) That the driver was not impleaded as party respondent before the Tribunal.