THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.P.No. 23832 of 2003 and / in M.A.C.M.A. No. 1324 of 2011 JUDGMENT: The respondents 2 and 3 remained ex parte in the lower Court and hence notice to the respondents 2 and 3 is dispensed with. The delay in filing the appeal is condoned and accordingly C.M.P.No.23832 of 2003 is allowed. Admit the Civil Miscellaneous Appeal. Heard. The learned counsel for the Insurance Company represents that the claimant was a gratuitous passenger in a goods vehicle and, therefore, there is no liability for the Insurance Company as per the decision reported in the case of NEW INDIA ASSURANCE CO. LTD. v. ASHA RANI[1]. The lower Tribunal after considering the evidence on record has granted a compensation of Rs.19,000/-. The learned counsel for the appellant contends that no doctor is examined, but however the lower Tribunal found that the grievous injury was received by the claimant and granted the compensation. It cannot be said to be excessive. In view of the above fact that the liability of the Insurance Company is excluded by virtue of the above decision while confirming the judgment of the lower Tribunal. The liability is fixed only against the respondents 2 and 3. It is represented that a sum of Rs.9,500/- was deposited by the Insurance Company and that was permitted to be withdrawn. The Insurance Company can proceed against the owner of the vehicle for realization of the same and the claimant is also entitled to proceed against the owner of the vehicle for the balance of the compensation granted by the lower Tribunal. Accordingly, the appeal is allowed in part. No costs. ________________________ N.R.L.NAGESWARA RAO, J 01-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.P.No. 23832 of 2003 and / in M.A.C.M.A. No. 1324 of 2011 DATE: 01-07-2011 MR [1] (2003)2 SCC 223