THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.Nos.1389, 1390, 1499, 1500 & 1522 of 2011 COMMON JUDGMENT:- All the appeals arise out of claims of the injured persons in a motor vehicle accident. According to the claimants, on 13-01-1998 when they were discharging duties as coolies on the Tipper/Lorry bearing No.AP-16-W- 4485 while it was proceeding from Gamapalagudem to Kothuru camp, the driver of the lorry drove the vehicle in a rash and negligent manner and as a result of which the lorry turned turtle and the petitioners/claimants received injuries. The police have registered a case and later the petitioner in MVOP No.937 of 1998 claimed compensation of Rs.75,000/-; petitioner in MVOP No.939 of 1998 claimed compensation of Rs.1 lakh; petitioner in MVOP No.999 of 1998 claimed compensation of Rs.1 lakh; petitioner in MVOP No.1001 of 1998 claimed compensation of Rs.1,50,000/- and the petitioner in MVOP No.1005 of 1998 claimed compensation of Rs.1,00,000/-. Respondent Nos.1 and 2 remained ex parte and the respondent No.3/appellant herein filed a counter denying the allegation that the petitioners are coolies; nature of the incident and the nature of the treatment and medical expenses are disputed. After considering the evidence on record, the lower Tribunal granted a compensation of Rs.42,500/- in MVOP No.937 of 1998; Rs.60,000/- in MVOP No.939 of 1998; Rs.70,500/- in MVOP No.999 of 1998; Rs.78,200/- in MVOP No.1001 of 1998 and an amount of Rs.93,300/- in MVOP No.1005 of 1998. Aggrieved, the Insurance Company has filed these appeals. In order to prove the accident, the claimants/petitioners themselves were examined and there is no dispute about the fact that they were travelling in the Lorry/Tipper and due to the rash and negligent driving of the vehicle the incident happened. So far as the quantum of compensation is concerned, the appellant is also not seriously disputing the same. However, the contention of the appellant is that the claimants are not the coolies engaged in the Lorry and that they are gratuitous passengers and therefore the Insurance Company is not liable to pay the compensation. In fact the lower court on this aspect found that the evidence of claimants shows that they were travelling in the Lorry for loading and unloading the sand. Support is sought to be drawn from the First Information Report and Charge sheet that they are the Muta Coolies, but, however there is no finding in the order of the Tribunal that they were engaged by the owner of the lorry or owner of the sand for loading and unloading purposes. Evidently, the vehicle is a goods vehicle and as can be seen from the F.I.R six (6) persons got into the loaded body of the Lorry and in the midway three more persons boarded. The cleaner of the Lorry was said to be collecting money from the passengers. Therefore, in view of the above circumstances the claim of the petitioners that they were travelling as labourers for loading and unloading purposes cannot be accepted. There is no proof as rightly contended by the learned counsel for the appellant that they were carrying any goods. There is also no proof as to where all the petitioners boarded the Lorry. There is also no material as to the petitioners as Coolies having loaded the Lorry with sand and if so at what place. Therefore, in view of the above circumstances it can only be a case of gratuitous passengers travelling in a goods vehicle and in view of the above circumstances and in view of the judgment of the Supreme Court in New India Insurance Company Limited Vs. Asha Rani & Others([1]) Insurance Company cannot be held liable. But, however, it appears as per the directions of this court half of the amount had been deposited in the lower court which was permitted to be withdrawn by the claimants. The claimants shall therefore proceed to recover the balance from the owner of the vehicle. The Insurance Company is at liberty to recover the amount already deposited into the Court from the Owner of the vehicle. Accordingly all appeals are partly allowed. _______________________ N.R.L. NĀGESWARA RĀO,J 29-08-2011 TSNR [1] 2003 ACJ 1