THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2216 of 2011 JUDGMENT: The appeal is filed by the insurance company against the order dated 31.07.2002 in O.P.No.936 of 1999 on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad questioning the liability for payment of compensation of Rs.1,00,000/- for the injuries received by the petitioner. The allegations in the petition go to show that on 03.04.1999 the petitioner was traveling in the lorry bearing No.AP-37-U-999 along with his goods from Narsing to Kamareddy and due to rash and negligent driving of the lorry it turned turtle and the petitioner received injuries. The 1st respondent remained ex parte and the 2nd respondent, the appellant herein, filed a counter denying the petition averments, nature of accident and injuries received by the petitioner. It was also pleaded that the insurance company is not liable to pay compensation. After considering the evidence on record, the lower Tribunal found that the petitioner is entitled for compensation of Rs.1,00,000/-. Evidently, the claimant was said to be traveling in the lorry, which was carrying some cylinders. The claimant has not engaged the lorry. He has boarded the lorry enroute with some bags and it cannot be taken as a case of owner of the goods traveling in the lorry. Therefore, the claimant is undoubtedly an unauthorized gratuitous passenger in a goods vehicle and in view of the judgment reported in NEW INDIA ASSURANCE CO. LTD. v. ASHA RANI[1], the insurance company is not liable to pay compensation. Hence, the owner alone is liable to pay the same. If the appellant has deposited any amount and withdrawn by the claimant, the appellant is at liberty to recover the same from the owner and the balance amount shall be recovered by the claimant from the owner of the vehicle. Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 19-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2216 of 2011 DATE: 19-09-2011 MR [1] (2003)2 SCC 223