1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 278 OF 2007 M/s. National Insurance Co.Ltd., 1st Floor, Confraria Bldg., 18th June Road, Panaji, Goa. ... Appellant versus 1. Shri Shrikant Subhash Patil, aged 26 years, Security Supervisor, residing at H. No.1451, Avantinagar, Tisk, Usgao, Ponda, Goa. (Since deceased through L.Rs.) 1(a) Smt. Laxmi Subhash Patil aged 58 years(Mother), Housewife; 1(b) Shri Rajesh Subhash Patil, aged 25 years(Brother) unemployed, both residing at H. No.1451, Avantinagar, Tisk, Usgao, Ponda, Goa. 2. Manager, M/s. Eleconic Condenser Pvt. Ltd., Kundaim Industrial Estate, Kundaim, Goa. ... Respondents Shri M. S. Joshi, Advocate for the Appellant. Shri V. G. P. Dukle, Advocate for Respondent Nos.1(a) and 1(b). CORAM : N. A. BRITTO, J. DATE : 24TH SEPTEMBER, 2010. 2 ORAL ORDER Heard learned Counsel on behalf of the parties. 2. This appeal is filed by Respondent No.2 in Original Claim Petition No. 29 of 1999. The deceased was a pillion rider on scooter bearing No. GA-01-H-5717 which was driven by one Ramesh Kumar. On 23-8-1998 about 8.30 p.m., there was an accident and the said Ramesh Kumar died in the accident. The pillion rider filed the claim petition and during the pendency of the petition expired. Learned Counsel agree that the pillion rider Shri Shrikant Patil was a gratuitous passenger on the said motor-cycle, and, therefore Respondent No.2 was not liable to pay any compensation. However, learned Counsel concede that it is the consistent view of the Apex Court that in such cases the Insurance Company ought to pay the amount ordered with liberty to recover the same from the owner of the vehicle in the same proceedings. Learned Counsel in support of the said concession has placed reliance on several Judgments, namely, United India Insurance Co.Ltd. v. Tilak Singh and others((2006) 4 SCC 404), New India Assurance Co. Ltd. v. Serjerao((2007) 9 SCC 486), Samudra Devi and others v. Narendra Kaur and others((2008) 9 SCC 100) and Oriental Insurance Co. Ltd. v. Sudhakaran K. V. and others(2008 ALL SCR 1376). In view of the concession made, the appeal is partly allowed and the award of the learned Claims Tribunal is modified, in that Respondent No.2 will not be jointly and 3 severely liable to pay the compensation awarded, but shall pay the compensation as ordered, with liberty to recover the same from Respondent No.1 in the said claim petition. The amount deposited in the Court is allowed to be withdrawn with accrued interest, if any, by claimant Nos.1(a) and (b) (Respondent Nos.1(a) and 1(b) herein). Appeal disposed off accordingly. Registry is directed to do the needful in the matter. N. A. BRITTO, J. RD