HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2276 OF 2003 JUDGMENT: Questioning its liability for payment of compensation and the quantum of compensation awarded in M.V.O.P. No.854 of 2000 vide judgment dated 09-01-2003 by the learned Chairman, Motor Accident Claims Tribunal – cum – II Additional District Judge, Kadapa at Proddutur, the New India Assurance Company Limited preferred this Civil Miscellaneous Appeal. 2. The case of the claimants, who are wife and children respectively of the deceased K. Srinivasulu, is that on 19-07-1996 at about 9-00 pm, deceased and claimant Nos.1 and 4 started travelling from Kadapa to Hyderabad in the lorry bearing No.ADQ – 7755 belonging to respondent No.1 being driven by its driver, and on 20-07- 1996 at about 6-00 am, after passing Kothakota, near Culvert No.90/2 in the limits of Thatiparthy, driver of the lorry drove it in a rash and negligent manner and in high speed and lost control over the vehicle and hit another lorry bearing No.MYA 2960 that was coming in the opposite direction, as a result, deceased and two others died. Hence, they claimed a compensation of Rs.3,00,000/-. 3. Owner of the lorry remained ex parte and insurer of that lorry alone filed its counter denying the case of the claimants. 4. Based on the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the accident occurred due to the rash and negligent driving of the lorry bearing No.ADQ 7755 by its driver? 2. Whether the petitioners are entitled to compensation and if so to what amount and from whom? 3. To what relief?” 5. To prove their case, claimants got examined PWs.1 and 2 and got marked Exs.A-1 to A-6. On behalf of the insurance company, none were examined but Exs.B-1 and B-2 documents were marked. 6. Based on the evidence on record and after an elaborate consideration of the same, Tribunal awarded a compensation of Rs.1,87,2000/- to the claimants as against their claim of Rs.3,00,000/- fixing the liability on both the respondents for payment of compensation jointly and severally with interest at 9% per annum as under: Initial compensation/loss of dependency - Rs.1,63,200-00 Loss of consortium to claimant No.1 - Rs. 10,000-00 Loss of love and affection - Rs. 10,000-00 Transportation charges - Rs. 2,000-00 Funeral expenses - Rs. 2,000-00 --------------------- Total: - Rs.1,87,200-00 --------------------- 7. Aggrieved of the quantum of compensation awarded by the Tribunal and its liability to pay the same, insurance company preferred this appeal. 8. Now the contention of the learned counsel for the insurance company, appellant, is that at the time of accident admittedly deceased was travelling as a passenger in the lorry, which is a goods vehicle, as such, insurance company is not liable for payment of compensation and he placed reliance on the decision of the Supreme Court in NEW INDIA ASSURANCE CO. LTD. v. ASHA RANI[1], whereby the earlier decision of the Supreme Court in NEW INDIA ASSURANCE CO. v. SATPAL SINGH[2], was overruled. 9. In the circumstances, the question that arises for consideration is whether the insurance company has no liability to pay the compensation to the claimants as the deceased was travelling as a passenger in a goods vehicle at the time of accident ? 10. The legal position existing as on today that the passengers travelling in a goods vehicle are not entitled to compensation from the insurance company on account of accidental death is not disputed. Thus, it is clear that the insurance company has no liability to pay any compensation to the claimants as the deceased was travelling as a passenger in a goods vehicle. 11. It is a case, where claimants failed to implead owner of the another lorry bearing No.MYA 2960 that has dashed the lorry in which the deceased was travelling, in which event, there was every likelihood of their getting compensation from the insurance company of that lorry bearing No.MYA 2960. 12. As reported by the learned counsel for the insurance company, 50% of the compensation was already deposited into the Court by the insurance company. 13. In the circumstances, it is ordered that the insurance company is not liable to pay any compensation to the claimants. But, the amount that was already deposited by it into the Court shall be permitted to be withdrawn by the claimants along with the accrued interest and the insurance company need not pay the balance compensation, which the claimants can recover from the owner of the lorry. Insurance Company also can recover the amount deposited by it into the Court from the owner of the lorry. 14. With the above directions, the Civil Miscellaneous Appeal is disposed of. No order as to costs. ______________________ P. SWAROOP REDDY, J November 22, 2010. PV [1] (2003) 2 SCC 223 [2] (2000) 1 SCC 237