NATIONAL INSURANCE CO LTD Vs. KANCHERLA MARY

JUDGEMENT

(1.) These appeals by National Insurance Co. Ltd., Guntur are against the common judgment dated 23.1.2001 of the learned single Judge in A.A.O. Nos. 958, 964, 969 and 1148 of 2000 under section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The appeals, before learned single Judge, arose against separate orders in M.V.O.P. Nos. 94, 95, 96 and 141 of 1996. To the extent necessary for disposal of these LPAs, the brief background of the matters is as follows. The respondents are either the injured persons or the legal heirs of the deceased. The deceased and injured persons boarded a lorry bearing No. ADG 7749 on 19.8.1995 along with steel vessels. The lorry, which was insured by appellant, met with an accident resulting in injuries to three persons and death of Kattupalli Kumari, predecessor of respondent Nos. 2 to 4 in LPA No. 378 of 2001. They instituted O.Ps. under section 163A of the Act claiming compensation. Motor Accidents Claims Tribunal, Guntur, dismissed the claims against the insurance company on the ground that they were unauthorised passengers in the goods vehicle. The Tribunal, however, awarded compensation as against the owner of the vehicle. Aggrieved by the same, the claimants filed appeals before this court.

(2.) The learned single Judge, following the judgment of the Supreme Court in New India Assurance Co. Ltd. v. Satpal Singh,2000 ACJ 1 (SC), held that even gratuitous passengers travelling in a goods vehicle are entitled to claim compensation under the Act. The appeals of the claimants were, accordingly, partly allowed with modified awards.

(3.) In these appeals, the only contention raised by the learned counsel for the insurer is that the ratio in Satpal Singh having been overruled in New India Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC), the impugned judgments of the learned single Judge are unsustainable.