HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2137 OF 2011 JUDGMENT: The appeal is filed by the 3rd respondent-Insurance Company in O.P.No.713 of 2002 on the file of the Motor Accidents Claims Tribunal- cum-VI Additional District Judge (Fast Track Court), East Godavari, Rajahmundry, aggrieved by the direction to deposit the decretal amount and thereafter to recover the same. 2. A claim petition was filed for recovery of compensation of Rs.1,00,000/- for the injuries received by the petitioner in a motor accident. The Tribunal after considering the claim, awarded compensation of Rs.62.450/- against respondents Nos.1 and 2 and specifically found that the claimant was a gratuitous passenger and the 3rd respondent i.e., appellant herein is not liable to pay the same. But, however, following the Judgment reported in New India Assurance Co., Shimla vs Kamla And Others[1], it directed the appellant to deposit the compensation amount. Evidently, the said Judgment is no longer good law in view of the Judgment of the Supreme Court reported in National Insurance Co., Ltd., Vs. Bommithi Subbhayamma and others[2]. When once the claimant was a gratuitous passenger, the risk is not covered, there cannot be any liability against the insurance company as per the Judgment reported in New India Assurance Company Vs. Asha Rani[3]. Consequently, the question of the appellant paying the compensation does not arise. 3. Therefore, appeal is allowed holding that the appellant is not liable to pay the compensation and the claimant is to recover the compensation amount only from respondents Nos.1 and 2. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:20.09.2011 INL [1] 2004(1) ALD 98 SC [2] 2005 ACJ 721 [3] 2003(1) ACJ 1