HON’BLE SRI JUSTICE GHULAM OHAMMED M.A.C.M.A.NO. 402 OF 2006 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act 1988, is directed against the Judgment and Decree dated 29.9.2005 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Ongole (for short ‘the Tribunal’) in OP No. 32 of 2003 filed by the claimant claiming compensation of Rs. 2,00,000/- for the death of Shaik Khasim @ Mohdi Bude aged about 42 years in a motor vehicle accident that occurred on 16.8.2002 near Gundlakamma Bridge when the deceased and some others went to Addanki along with their cloth bundles in a lorry bearing No. AP 27U 6779, belonging to the first respondent and insured with the second respondent-New India Assurance Company Limited in OP, the driver of the lorry drove the same in a rash and negligent manner and due to which the lorry turned turtle and as a result of which, the persons traveling in the lorry fell down and died on the spot. 2. The Tribunal held that both the respondents are jointly and severally responsible for payment of the compensation. As far as the quantum of compensation is concerned, the Tribunal taking into consideration the income of the deceased as Rs. 1,800/- per month and out of that 1/3rd amount was deducted towards his personal and living expenses and applied the multiplier 15 and assessed the compensation at 2,16,000/-. The Tribunal also granted Rs. 10,000/- towards consortium and Rs. 10,000/- towards funeral expenses. Thus the Tribunal granted total amount of Rs. 2,36,000/- against both the respondents jointly and severally with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieve by the same, the New India Assurance Company Limited preferred the present Civil Miscellaneous Appeal. 3. The learned counsel appearing for the appellant contended that the court below failed to see that there is no liability on the part of appellant and the deceased is an unauthorized passenger in the goods vehicle. 4. On the other hand, the learned counsel appearing for the respondents submits that there are no grounds to interfere with the order passed by the Tribunal and the Civil Miscellaneous Appeal is liable to be dismissed. 5. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. 6. The only point that arises for consideration is whether the New India Assurance Company is exonerated from its liability? 7. As seen from the record, the deceased was traveling in a goods vehicle viz., lorry-bearing No. AP 27 U 6779 along with others with cloth bundles. While so, the driver of the lorry driven the same in a rash and negligent manner due to which, the lorry turned turtle and the persons who were traveling in the lorry fell down and died on the spot. It is stated that as per the conditions of the policy, the deceased and other persons who traveled in the accident lorry are unauthorized passengers; therefore, the insurance company is not liable to pay the compensation. As per the judgment of the Supreme Court reported in NEW INDIA ASSURANCE COMPNAY LIMITED VS. ASHA RANI AND OTHERS [1], death of or injuries sustained by the owner of goods or his authorized representative being carried in a goods vehicle and when that vehicle met with an accident, the Insurance Company is not liable to pay the compensation. 8. Accordingly, the Civil Miscellaneous Appeal filed by the New India Assurance Company is allowed and liability of the Insurance Company to pay the compensation is exonerated. The owner of the lorry bearing No. AP 27U 6779 is liable to pay the compensation to the claimants. If any amount is paid already by the Insurance Company, the same shall be recovered from the owner of the lorry bearing No. AP 27U 6779. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J Date: 10.2.2011 KA [1] 2003 ACJ 1