THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2244 of 2003 Date: 12-8-2010 Between The New India Assurance Co. Ltd., Rep. by its Regional Manager, Regional Office, Surya Towers, Secunderabad … Appellant/Respondent No.2 and 1. M.Yakub … Respondent/Petitioner 2. Ramesh Khandi Krishna Rao … Respondent/Respondent No.1 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2244 of 2003 Oral Judgment: Despite service of notices, none appears for the respondents. 2. Heard the learned standing counsel for the appellant-insurer. 3. Appeal by the insurer challenging the order and decree, dated 11-10-2002, in O.P.No.528 of 1996 passed by the Motor Accidents Claims Tribunal (District Judge), Mahabubnagar in awarding a sum of Rs.50,000/- as claimed by the petitioner towards compensation for the death of his one-year old child, by name Prabhu Dev, in a motor vehicle accident that occurred on 16-01-1996 due to the rash and negligent driving on the part of the driver of lorry bearing No.MEZ-6038, owned by respondent No.2 herein. 4. The only point urged is that the deceased was an unauthorized passenger in a goods vehicle. 5. From the order of the Tribunal, it appears that the offending vehicle was a lorry, not meant for carrying passengers and the deceased was travelling in the said lorry and in such a case, the insurance does not cover to such passengers, who have been travelling in the vehicle. 6. In this regard, the law is well settled by the apex Court in New India Assurance Company Limited vs. Asha Rani[1], wherein while observing that the judgment i n New India Assurance Co. Ltd. vs. Satpal Singh (2000 ACJ 1) was not correctly decided, held that the insurer would not be made liable for death or injury suffered by any person found travelling in a goods vehicle arising from any accident. 7. Further, the apex Court in National Insurance Co. Ltd. vs. Bommithi Subbhayamma[2], referring to the judgment in Asha Rani’s case (1 supra) and other judgments in New India Assurance Co. Ltd. vs. Satpal Singh (2000 ACJ 1), National Insurance Co. Ltd. vs. Baljit Kaur (2004 ACJ 428), National Insurance Co. Ltd. vs. V.Chinnamma (2004 ACJ 1909) etc., held that the heirs of deceased who died while travelling in a lorry cannot claim any compensation from the owner of the vehicle. 8. Accordingly, in view of the above settled legal proposition by the apex Court, the civil miscellaneous appeal is allowed, setting aside the judgment under appeal. No costs. _______________________ JUSTICE D.S.R.VARMA 12th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2244 of 2003 12th August, 2010. (Ak) [1] (2003) 2 SCC 223 [2] (2005) 12 SCC 243