THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1604 OF 2003 Between The New India Assurance Co. Ltd v. and others THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1604 OF 2003 & cross objections Oral Judgment : 1) None appeared for the claimants-cross objectors. Heard the learned Standing counsel for the appellant and perused the grounds on record. 2) This appeal by the insurance company against the award dated 20-9-2002 in O.P.No.150 of 1996 passed by the Motor Accidents Claims Tribunal-cum- I Additional District Judge, Prakasham District at Ongole. 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) ), submitted that as per the policy conditions, in case of accident, if a person is travelling in a vehicle un-authorisedly, the insurance company is not liable to pay the compensation. The submission is recorded. 4) Recording the submission of the learned standing counsel, the appeal is allowed in terms of the judgment of the Supreme Court reported in ASHA RANI’ 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. As none appeared for the claimants-cross objectors, and in view of allowing of the appeal filed by the insurance company, the cross objections are dismissed. No costs. GM, J Kk/8-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1604 OF 2003 8-7-2010