THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2472 of 2011 JUDGMENT: The appeal is filed against the order dated 25.02.2005 in M.V.O.P.No.1193 of 2000 on the file of the Motor Accident Claims Tribunal-cum-II Additional District Judge, Guntur. The petitioners claimed compensation of Rs.2,00,000/- consequent on the death of the deceased Yohan in a motor accident on 03.09.2000. The lower Tribunal found that the deceased was a gratuitous passenger and consequently the insurance company is not liable. Even if the opinion of the lower Tribunal is correct, still the owner of the vehicle cannot be exonerated of the liability to pay the compensation. But the lower Tribunal has not considered the compensation nor fixed the liability on the owner of the vehicle. The order of the lower Tribunal is, therefore, not sustainable and the matter is remanded to the lower Tribunal to determine the quantum of compensation for which the petitioners are entitled as against the owner of the offending lorry. So far as the liability of the insurance company is concerned, evidently, it is a case where the deceased was traveling as a gratuitous passenger and the casual carrying of some goods while traveling in the lorry will not cover the policy of insurance. So far as the dismissal against the 2nd respondent is concerned, the order of the lower Tribunal is confirmed. Accordingly, the appeal is allowed by remanding the matter to the lower Tribunal. No costs. ________________________ N.R.L.NAGESWARA RAO, J 31-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2472 of 2011 DATE: 31-10-2011 MR