THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL NO.4577 OF 2003 ORAL JUDGMENT: This Civil Miscellaneous Appeal is filed by the Insurance Company. 2. The claimant filed O.P.No.996 of 1999 on the file of the Chairman Motor Accidents Claims Tribunal-cum-Additional District Judge, Adilabad, (for short “the Tribunal) claiming compensation of Rs.1,60,000/- for the injuries sustained on 24-06-1998 at 6.00 A.M at which time he was waiting for a vehicle to transport five bags of jawar from Rampur Bus stage to Penchikalpet. At that time, one Tipper bearing No.OR-06/6719 came there and driver of the tipper stopped the vehicle and offered to transport five quintals of jawar bags along with the claimant for a sum of Rs.125/-, for which the claimant agreed and boarded the vehicle. Thereafter, when the vehicle reached Navagaon Bus stop, due to rash and negligent driving of the tipper, it turned turtle and the claimant sustained fracture of middle 1/3 of right humerus bone shaft, both bones of right hand, lacerated injury on right hand ring finger and also sustained internal injuries on other parts of the body. He was shifted to MGM Hospital for treatment, where an operation was performed and a screw was fixed and bone grafting was done on 14-09-1998 and later the claimant was discharged from the hospital on 23-09-1998. A case in Cr.No.70 of 1998 for the offence under Sections 337 and 304-A of IPC was registered against the driver of the tipper. 3.The Tribunal, on the basis of the pleadings, framed the following issues:- 1. Whether the petitioner sustained injuries in the accident occurred on 24-06-1998 due to rash and negligent driving of Tipper No.OR-06-6719 by its driver? 2. Whether the petitioner is entitled to any compensation? If so, to what amount and against whom? 3. To what relief? 4. During the course of trial, on behalf of the claimant PW.1 was examined and Exs.A-1 to A-9 were marked and on behalf of the respondents, RW.1 was examined and Exs.B-1 to B-3 were marked. 5. On the basis of the material on record, the Tribunal awarded a compensation of Rs.59,637/-. Aggrieved by the same, the present appeal is filed by the Insurance Company. 6. Heard. 7. The main contention of the appellant is that the claimant is a midway passenger in goods vehicle, as such, the Insurance Company is not liable for payment of compensation. 8.On the other hand, the contention of the learned counsel for the respondent/claimant is that the claimant is not a midway passenger and furthermore the appellant-Insurance company never took this plea in the initial stage of trial, as such, the same cannot be taken into consideration at this stage. 9.As seen from the contents of FIR, the claimant never stated that he was transporting any goods with him. Even in the petition before the Tribunal he has stated that he was waiting for the vehicle to transport five bags of jawar from Rampur Bus stage to Penchikalpet. At that time, the Tipper bearing No.OR-06/6719 came there and its driver stopped the same and offered to transport five quintals of jawar bags along with the claimant for a sum of Rs.125/-, for which the claimant agreed and boarded the vehicle. Thus, even according to which, he was midway passenger. It shows that he was carrying goods also. As per the judgment of this court in Deddula Padmavathi and others Vs. Maddala Srinivasa Rao and another ([1]) one or two bags of goods being carried by a passenger who boarded the lorry in the midway would not become “goods” within the meaning of Section 2(13) of the Motor Vehicles Act,1988. Apart from this, the law is very clear that the passenger travelling in goods vehicle in midway is not covered to be compensated by the Insurance Company. 10. In the circumstances, the Insurance Company is not liable for payment of compensation. However, as part of the amount had already been paid, it is directed that the appellant-Insurance company shall recover the same from the owner of the vehicle and the claimant is also entitled to recover balance compensation from the owner of the vehicle. The CMA, is, accordingly, allowed in part. No order as to costs. ___________________ P. SWAROOP REDDY, J 5TH July, 2010 TSNR [1] 2005 ACJ 768