THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1341 OF 2003 Between The National Insurance Co. Ltd v. Pallapu Somaiah and others THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1341 OF 2003 Oral Judgment : 1) This appeal by the insurance company against the award dated 20-9-2002 in O.P.No.1440 of 1998 passed by the Motor Accidents Claims Tribunal-cum- District Judge, Khammam whereby and whereunder the Tribunal awarded compensation of Rs.30,000/- for the injuries sustained in the motor accident that occurred on 31-8- 1998 with proportionate costs and interest. 2) The details necessary for deciding this appeal are that on 31-8-1998 the respondent met with an accident that occurred due to rash and negligent driving of the driver of the tipper vehicle bearing no. AP-31-T-9162, it dashed a Parcel van bearing No.AIP 9849 coming from opposite direction to which the tipper turned turtle and that the respondent-injured sustained injuries. The Tribunal on consideration of the rival contentions granted compensation of Rs.30,000/- payable jointly and severally by the respondents 1 and 3 therein. 3) Learned Standing Counsel for the appellant- insurance company relying on the decision of the Supreme Court reported in NEW INDIA ASSURANCE CO. LTD v. ASHA RANI ( (1) 2003 (1) ALT 35 (SC) ), contended that as per the policy conditions, if a person is travelling in a vehicle unauthorisedly, the insurance company is not liable to pay the compensation. The same is recorded. 5) Recording the submission of the learned standing counsel, the appeal is allowed in part in terms of the judgment of the Supreme Court reported in ASHA RANI’s case (supra) holding that the insurance company is not liable to pay the compensation amount and that if any amount is paid the same can be recovered from the owner of the vehicle. GM, J Kk/17-6-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1341 OF 2003 8-7-2010