THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.2476 of 2011 JUDGMENT:- The appeal is filed by the Insurance Company questioning the award in O.P.No.83 of 1999 on the file of the Court of Motor Accidents Claims Tribunal-cum-Principal District Judge, Khammam, whereunder the lower Tribunal has granted a compensation of Rs.10,000/-, but, however exonerated the liability of the appellant and directed the appellant to pay the amount and recover the same from the owner of the vehicle. The fact that the petitioner was a gratuitous passenger is not in dispute. In case of gratuitous passenger, the liability of the Insurance Company is completely exonerated in view of the judgment of the Supreme Court in New India Insurance Company Limited Vs. Asha Rani & Others([1]). In another judgment of the Supreme Court in National Insurance Company Limited Vs. Bommithi Subbhayamma and others([2]) it has been held that there is no liability to pay the compensation for the Insurance Company in case of gratuitous passengers and the theory of pay and recovery was not accepted. Therefore, in view of the above circumstances, the appeal is allowed and the liability of the appellant is exonerated. The claimant can proceed against the owner of the vehicle for recovery of the compensation. _______________________ N.R.L. NĀGESWARA RĀO,J 28-10-2011 TSNR [1] 2003 ACJ 1 [2] 2005 ACJ 721