THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No.2104 of 2011 JUDGMENT:- The appeal is filed by the Insurance Company challenging the award dated 19-07-2004 of the Motor Accidents Claims Tribunal-cum- District Judge, Anantapur in O.P.No.282 of 1999 granting a compensation of Rs.2 lakhs consequent on the death of Mahaboob Rafi, who was an employee in L&T Cements, Tadipatri, in a lorry accident. Though the claim was made as if the deceased was the driver of the lorry, the finding of the lower court clearly goes to show that the deceased was an unauthorised passenger and after completition of duties he was going in the lorry. The lower court found that under the act policy, the risk of the third parties was covered in addition to persons mentioned in the act policy and even assuming that the deceased was an unauthorised passenger, the Company is liable to pay the compensation. This reasoning of the learned Judge is not correct since the vehicle in which the deceased was travelling was not meant for carrying of the deceased whose duty was only to assign the serial numbers to the Lorries to the loading and unloading vehicles in the company. He was not an employee on the lorry to be covered under the act policy of the Insurance. Therefore, the deceased is a gratuitous passenger and in view of the judgment of the Supreme Court i n New India Insurance Company Limited Vs. Asha Rani & Others([1]) the appellant/Insurance Company cannot be held liable. But, however, it appears that as per the directions of this court, half of the amount had been deposited in the lower court and that amount was not withdrawn. In case the amount was not withdrawn, the claimants shall therefore proceed against the owner of the vehicle for realisation of the entire compensation amount and in case the amount was withdrawn the appellant is entitled to recover the amount already paid from the owner of the vehicle. Accordingly, the appeal is partly allowed. _______________________ N.R.L. NĀGESWARA RĀO,J 13-09-2011 TSNR [1] 2003 ACJ 1