THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.3268 of 2000 Date: 19-8-2010 Between The Divisional Manager, New India Assurance Company Limited, 3rd Floor, Anasuya Complex, Opposite to Liberty, Hyderabad … Appellant/Respondent No.3 and 1. Boga Uma and 3 others … Respondents/Petitioners 5. J.Pental Reddy and another … Respondents/Respondents 1 and 2 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.3268 of 2000 Oral Judgment: Heard both sides. 2. Appeal against respondents 3 to 5 was dismissed for default vide Court order dated 13-02-2007. 3. This appeal is filed by the insurer against the common order and decree dated 01-5-2000 in O.P.No.468 of 1996 (along with O.P.Nos.788 and 821 of 1996) passed by the Chairman, Motor Accidents Claims Tribunal cum I Additional District Judge, Nalgonda in awarding a sum of Rs.1,21,200/- towards compensation to the petitioners as against the claim of Rs.2,00,000/- for the death of deceased Boga Raju in a motor vehicle accident that occurred on 16-01-1996 due to the rash and negligent driving on the part of driver of tractor and trailor bearing Nos.AP24T-1385 and 1386, respectively. 4. The appellant herein is the insurer, respondents 1 to 4 are the wife, minor son and parents of the deceased, and respondents 5 and 6 are the owner and driver of the offending tractor and trailor, respectively. 5. It is the contention of the learned standing counsel for the insurer that the deceased was a gratuitous passenger and therefore, application of the principles laid down by the apex Court in New India Assurance Co. Ltd. vs. Satpal Singh[1] ought not have been made applicable. Hence, the counsel seeks the present appeal to be allowed on that score. 6. It has been brought to the notice of this Court that the respondents 1 to 4 herein, who are the claimants, had already filed C.M.A.No.2316 of 2000. In other words, both these appeals do arise out of the award passed by the Tribunal in one and the same O.P. One appeal C.M.A.No.2316 of 2000 was filed by the claimants, which was already disposed of by this Court on 24-10-2006 enhancing the amount of compensation awarded by the Tribunal from Rs.1,21,200/- to Rs.1,53,500/- and the other appeal C.M.A.No.3268 of 2000 is filed by the insurer, which is the present appeal. 7. Notwithstanding the legal question involved, in my considered view, the judgment dated 24-10-2006 passed by this Court in the earlier appeal C.M.A.No.2316 of 2000 filed by the claimants would become final, inasmuch as, the same was allowed to become final. 8. The factum of the present appeal C.M.A.No.3268 of 2000 being filed appears to have not been brought to the notice of this Court at the time of disposal of C.M.A.No.2316 of 2000. Therefore, in view of the fact that the judgment in other appeal i.e., C.M.A.No.2316 of 2000 had already become final, there is no justification in adjudicating the present appeal C.M.A.No.3268 of 2000 and it is not permissible under law to arrive at a different conclusion than the one arrived at in the earlier appeal C.M.A.No.2316 of 2000. 9. In the result, the civil miscellaneous appeal is dismissed. No costs. ________________________ JUSTICE D.S.R.VARMA 19th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.3268 of 2000 19th August, 2010. (Ak) [1] (2000) 1 SCC 237