HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.1639 OF 2011 JUDGMENT: The appeal is filed by the insurance company, challenging the award in O.P.No.1706 of 1999 on the file of the III Additional District Judge –cum- Motor Accidents Claims Tribunal-cum-, Visakhapatnam, where-under for the injuries received by the claimant in a motor accident a compensation of Rs.40,500/- was granted as against the claim of Rs.1,00,000/-. 2. The claim of the petitioner in the lower Court was that he was doing loading and unloading work in a Tipper and due to the rash and negligent driving of the driver of the Tipper bearing No.AP 31 V 6357, he received multiple injuries and he was treated in the hospital and spent money for treatment. 3. The contention of the appellant herein is that the petitioner was a gratuitous passenger and the claim that the petitioners were engaged as labourers on the Tipper cannot be accepted. The lower Tribunal in para No.15 of the Order accepted the contention of the appellant that the claimant was an unauthorised passenger in the offending vehicle. But, however, taking into consideration the law as stood then, made the insurance company liable to pay the compensation. In view of the judgment of the Supreme Court reported in New India Assurance Company Vs. Asha Rani[1], the claimant being a gratuitous passenger, there cannot be any liability for the insurance company and the decisions relied on by the lower Court have no application. 4. Therefore, in view of the above circumstances, the liability of the insurance company cannot be enforced. But, however, as per the directions of this Court, the insurance Company has deposited part of the amount and the petitioner shall proceed for the balance against the owner of the vehicle. The insurance company is also at liberty to proceed against the owner of the vehicle for the amount already paid to the petitioner. Accordingly, the appeal is allowed. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 04.08.2011 INL [1] 2003(1) ACJ 1