HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.3180 OF 2000 DATED: 28.08.2009 BETWEEN: The Oriental Insurance Co. .. Appellant And Smt Kethu Desamma and others .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.3180 OF 2000 JUDGMENT:- This appeal is filed by the Oriental Insurance Company Limited, which is 3rd respondent before the Tribunal challenging the Award, dated 01.08.2000 passed by the Motor Accident Claims Tribunal-cum-III Additional District Judge, Kakinada in M.V.O.P.No.413 of 1997. 2. I have heard Smt. Mammu Vani, the learned counsel appearing for the appellant – insurance company and Sri G.Rama Gopal, the learned counsel appearing for the respondents 1 to 4 – claimants. 3. The learned Counsel appearing for the appellant submitted that under Section 147 of the Motor Vehicles Act, allowing persons to travel in a goods vehicle is not permissible. Since admittedly, the deceased being a coolie, was permitted by insured to travel in a goods vehicle the appellant is not liable to pay compensation to the claimants. 4. On the other hand, it is submitted by the learned counsel appearing for the claimants that as per the terms and conditions of the policy, the insured engaged the deceased for the purpose of loading and unloading and the same was also covered under the policy. Therefore, the appellant cannot be absolved from the liability to pay compensation. 5. From the evidence on record and pleadings, the Tribunal found that the deceased was engaged by the insured as coolie for loading and unloading of mango jelly boxes, which were being carried in the lorry involved in the accident. 6. Perusal of Ex.B.1 policy clearly indicates that an additional premium of Rs.105/- was paid to cover the risk of the persons employed in connection with the operation/ or maintaining/ or loading or unloading of motor vehicles. Since the deceased cannot said to be a gratuitous passenger in the vehicle involved in the accident, the Tribunal rightly held that the appellant – insurance company is liable to pay compensation. 7. The learned Tribunal granted interest at the rate of 12% per annum from the date of petition till the date of realization which according to the appellant – insurance company is on higher side and the objection being valid, the interest is reduced in the appeal to 7.5% per annum. 8. With the modification in the award with regard to the rate of interest, the appeal filed by the insurance company is partly allowed. There shall be no order as to costs. __________________ R. KANTHA RAO,J 28th August, 2009 kvrm