THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.NOS.2685 TO 2698 OF 2011 COMMON JUDGMENT:- All these appeals arise out of a common accident, which occurred on 08- 01-1996 and the injured persons were said to have been travelling as unauthorised gratuitous passengers. The lower Tribunal after considering the respective contentions has held that there is no liability to the Insurance Company, but, however the Insurance Company is directed to pay and recover the same from the owner of the vehicle as the law stood then. In view of the judgment of the Supreme Court in National Insurance Company Limited Vs. Bommithi Subbhayamma and others([1]) wherein it has been clarified that there is no liability to pay the compensation for the Insurance Company in case of gratuitous passengers and the theory of pay and recovery does not arise. Therefore, in view of the above circumstances, the Insurance Company cannot be held liable, but, however it is represented that half of the amount had been deposited by the Insurance Company at the time of filing of the appeals and, therefore, for the said amount the Insurance Company shall recover from the owner of the vehicle and for the balance the claimants can proceed against the owner of the vehicle. With the above observation, the appeals are disposed of. No costs. _______________________ N.R.L. NĀGESWARA RĀO,J 31-10-2011 TSNR [1] 2005 ACJ 721