The 2nd respondent-Insurer among the two respondents including the owner of the lorry bearing No.AP03 V 4243 (goods carriage) in M.V.O.P.No.431 of 2002 on the file of the learned Chairman of the Motor Accidents Claims Tribunal–cum–IV Addl.District Judge, Tirupati (for short, ‘Tribunal’) having been aggrieved by the award of the tribunal, preferred the appeal impugning the fixing of joint liability against the 2nd respondentinsurer along with the 1st respondent-owner in the claim preferred by the claimants no other than the parents of the deceased by name D.Kareem aged about 19 years at the time of the accident for the claim for Rs.2,50,000/- filed under Section 166 of the Motor Vehicle Act,1988 (for short, ‘the Act’) since awarded Rs.2,40,204/- which includes interim no fault liability claim awarded of Rs.50,000/- by order dated 24.11.2003, with interest at 7.5% with contentions in the grounds of appeal that the tribunal gravely erred in not considering the factum of the deceased boy was unauthorized passenger of the goods carriage and there is no policy covering risk including from Ex.B.1 exhibited by the insurer and what R.W.2 deposed in the crossexamination that reflected in para-28 of the orders of the tribunal is payment of Rs.50/- for non-paid passenger to mean only owner of the goods and not any other passenger even gratuitous, hence to allow the appeal exonerating the insurer.
