THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.2704 OF 2011 JUDGMENT:- The appeal is filed by the appellant/ Insurance Company against the award in O.P.No.4 of 2000 on the file of the Court of Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad. A claim application was filed for a compensation of Rs.2,00,000/- for the injuries received by the petitioner in a motor vehicle accident while he was travelling in the Jeep bearing No.AP-1-C-3025 as a cleaner. The respondent No.1 is the owner of the vehicle and respondent No.2 is the Insurance Company. Respondent No.1 remained ex parte and 2nd respondent filed a counter denying the allegations and put the petitioner to strict proof with regard to cause of accident and nature of injuries. After considering the evidence on record, the lower Tribunal has found that the incident was due to the rash and negligent driving of the driver of the vehicle and considering the nature of the injuries granted a compensation of Rs.1,30,000/-. Aggrieved by the said judgment, the present appeal is filed. Now the point that arises for consideration is:- Whether the Insurance Company is not liable to pay the compensation? POINT:- The learned counsel for the appellant contends that as per the conditions of the policy, there is no coverage for the cleaner of the jeep and there is only coverage for the driver and passengers. In fact, this policy was not filed before the lower court. Evidently, when the risk of the cleaner is not covered under the policy, which is being filed before this court now and relying on the decision reported in United India Insurance Company Limited, Nizamabad Vs. Mohammadi Begum and others([1]) the Insurance Company cannot be held liable. However, as per the orders of this court, half of the decretal amount was directed to be deposited and permitted to be withdrawn by the claimants and the appellant can recover the same from the owner of the vehicle and for the balance amount the claimant can proceed against the owner of the vehicle. With the above modification the Appeal is allowed. _______________________ N.R.L. NĀGESWARA RĀO,J 08-11-2011 TSNR [1] 2011 (5) ALD 693