SHAIK KHADER BEE Vs. N.RANGA RAO

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned standing counsel for the 2nd respondent.

(2.) The appeal is filed questioning the judgment and decree in MVOP.No.325 of 2005 dated 21.08.2007 passed by the Motor Accident Claims Tribunal-cum-VI Additional District and Sessions Judge, Prakasam District. The trial Court dismissed the case insofar as the Insurance Company is concerned as the deceased was a gratuitous passenger. This dismissal is the essential ground of challenge that is raised in the appeal as ground Nos.2 and 5. Case against respondent No.1 was dismissed. Sri P.Phalguna Rao, learned counsel appeared for respondent No.2.

(3.) In the course of the submission, learned counsel for the appellant essentially concentrated on the fact that even if the petitioner is a gratuitous passenger, the Court should have passed an order directing the Insurance Company to recover and to pay the amount. He relies upon the judgments of the Hon'ble Supreme Court of India reported in Manuara Khatun v. Rajesh Kumar Singh, 2017 4 SCC 796 and Anu Bhanvara v. Iffco-tokio General Insurance Co.Ltd., 2019 ACJ 2802. Relying on these two judgments, the counsel for the petitioners state that even if the deceased was a gratuitous passenger, the Insurance Company should be directed to pay the awarded sum and recover the sum so awarded from the owner.