NATIONAL INSURANCE CO LTD Vs. BOMMITHI SUBBHAYAMMA

JUDGEMENT

(1.) The petitioner herein filed an application for grant of special leave questioning the legality of the judgment and order dated 03.10. 2002 passed by a learned single Judge of Andhra Pradesh High Court whereby and where under an appeal preferred by the respondents herein from a judgment and award passed by Motor Accident Claims tribunal being IV Additional District Judge, East Godavari District was allowed.

(2.) The fact of the matter is in a narrow compass. One Bommithi Kondala Rao since deceased, was travelling in a lorry bearing registration No. AIK 4005 on 05.11.1995. The said lorry met with an accident resulting in death of the said Bommithi Kondala Rao. On a claim application filed by the heirs of the said deceased, the IV Additional District judge, East Godavari District awarded compensation for the death of the said Bommithi kondala Rao for a sum of Rs. 1,30,000/- with interest at the rate of 12 percent per annum. Motor Accident Claims Tribunal, however, was of the opinion that the appellant herein was not liable to pay the said amount of compensation as the deceased was travelling in a lorry as a gratuitous passenger. The said award passed by the Motor Accident Claims tribunal came to be questioned before the High Court which, as noticed hereinabove, was reversed by the High Court relying on or on the basis of the decision of this Court in new India Assurance Co. Ltd. vs. Satpal Singh, 2000 ACJ 1 (SC).

(3.) The petitioner herein filed a special leave petition before this Court which was summarily dismissed by a Division Bench of this Court on 10. 04.2003. The petitioner herein thereafter filed a review petition in terms of Article 137 of the Constitution of india drawing this Court's attention to a decision of 3-Judge Bench of this Court in New india Assurance Co. Ltd. vs. Asha Rani, 2003 ACJ 1 (SC) , wherein the decision of this court in Satpal Singh (Supra) , was overruled. The same Division Bench in terms of its order dated 05. 08.2003 directed issuance of notice in the review application stating: