THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. Nos. 1963 and 1964 of 2011 COMMON JUDGMENT: Both the appeals arise out of a common accident on the night of 2/3-6-1999. M.A.C.M.A.No.1963 of 2011 arise out of the claim in O.P.No.651 of 1999 whereas M.A.C.M.A.No.1964 of 2011 arise out of the claim in O.P.No.650 of 1999. In O.P.No.651 of 1999 the claimants are made a claim for compensation consequent on the death of the deceased Smt.Anees Begum, while traveling in the lorry bearing No.APH-7729 from Nizamabad towards Hyderabad side as labourer and in O.P.No.650 of 1999 the claim was made for compensation for the injuries received in the same accident while traveling in the said lorry. According to the claimants, due to the rash and negligent driving of the lorry by its driver, the incident has happened. The 1st respondent remained ex parte in the lower Tribunal in both the claims. The insurance company, who is the appellant herein, denied the liability and the claim for compensation is excessive and not maintainable. After considering the evidence on record, the lower Tribunal has granted a compensation of Rs.2,31,000/- in O.P.No.651 of 1999 on 10.12.2002 and a sum of Rs.30,000/- was granted in O.P.No.650 of 1999 on 11.11.2002. The learned counsel for the appellant strongly contends that the insurance company is not liable to pay the compensation as the deceased and the injured were gratuitous passengers traveling in the lorry and, therefore, the claim is only to be made against the owner of the vehicle. In fact, as can be seen from the awards of the lower Tribunal, this point was not considered. But, however, as can be seen from the First Information Report, which is marked as Ex.A-1 before the lower Tribunal, it goes to show that on 02.06.1999 the family members were traveling in the cabin of the lorry along with some marriage materials for the marriage of the relative of the complainant. Therefore, it is a case where the injured and the deceased were traveling in a goods vehicle and in view of the judgment of the Supreme Court in NEW INDIA ASSURANCE CO. LTD. v. ASHA RANI[1], the insurance company cannot be held liable. Therefore, the award of the lower Tribunal holding that the insurance company is liable to pay the compensation, is liable to be set aside. However, in pursuance of the directions of this Court, half of the amount was deposited by the appellant-insurance company and the claimants will be entitled to proceed for recovery of the balance from the owner of the vehicle and the appellant-insurance company is at liberty to recover the amount already paid from the owner of the vehicle. Accordingly, both the appeals are disposed of. If for any reason, the amount, which was deposited, is not withdrawn by the claimants, the claimants shall proceed for the recovery of the entire amount against the owner of the vehicle and the insurance company will be entitled to receive the amount deposited from the Court. No costs. ________________________ N.R.L.NAGESWARA RAO, J 12-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. Nos. 1963 and 1964 of 2011 DATE: 12-09-2011 MR [1] (2003)2 SCC 223