New India Assu.Com.Ltd Chirala Vs M.Rattaiah Kadavakuduru 7 Ors.

2. The contention of the appellant-Insurance Company in this appeal is that the deceased was travelling as a gratuitous passenger in a goods vehicle and therefore, it is not liable to pay compensation.

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3. The learned Single Judge, in C.M.A.No.927 of 1999, following the ratio laid down in Asha Rani’s case, allowed the appeal filed by the Insurance Company holding that since the deceased was travelling in a goods vehicle as gratuitous passenger, the insurance company is not liable to pay the compensation to the legal representatives of the deceased. The learned Single Judge also held that the compensation, if any, paid to the claimants/respondent Nos.2

¶16

to 5 therein after passing the impugned order or during the pendency of the appeal, shall not be recovered from them and that the appellantInsurance Company may recover the same from the owner of the offending vehicle. Since the present appeal also arises out of the same accident, in this appeal, it is held that the appellant-Insurance Company is not liable to pay the compensation, and the compensation, if any, already paid by it shall not be recovered from the claimants and it may recover the same from the owner of the vehicle.

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4. In the result, the appeal filed by the Insurance Company is, therefore, allowed as indicated above. There shall be no order as to costs.

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____________________ R. KANTHA RAO, J

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10^th February, 2012 AMD

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THE HON’BLE SRI JUSTICE R.KANTHA RAO

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C.M.A.NO.985 OF 1999

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Date: 10.02.2012

¶23

AMD

New India Assu.Com.Ltd Chirala v. M.Rattaiah Kadavakuduru 7 Ors.

Case brief

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New India Assu.Com.Ltd Chirala v. M.Rattaiah Kadavakuduru 7 Ors.

Case brief

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