THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1118 OF 2001 Between The Oriental Insurance Co. Ltd v. L. Pedda Veeraswamy gound and other THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1118 OF 2001 Oral Judgment : 1) This appeal by the insurance company against the award dated 7-1-1998 in O.P.No.244 of 1992 passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Mahabubnagar whereby and whereunder the owner of the lorry along with appellant-insurance company were jointly and severally liable to pay a sum of Rs.91,400/- with proportionate costs and interest. 2) The details necessary for deciding this appeal are that on 21-9-1991 the deceased met with an accident that occurred due to rash and negligent driving of the driver of the lorry bearing No. APJ 5115 and died. The legal heirs of the deceased filed claim petition seeking compensation of Rs.1,00,000/- from the owner and insurer of the lorry involved in the accident. It is alleged that the deceased was traveling with other villagers for Ganesh Idiol immersion in the river. The Tribunal on consideration of the rival contentions granted compensation of Rs.91,400/- payable jointly and severally by the respondents 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. 4) It is seen from the record that due to the hit by the crime lorry to the stationed lorry a major accident occurred resulting the death of the deceased, however, the fact remains is that the deceased along with others was traveling in the lorry unauthorisedly for the purpose of immersion of Lord Ganesh idol in the river. 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.1118 OF 2001 17-6-2010