ELIPE DHARMA RAO, J.

( 1 ) THIS appeal was fijed by the New India Assurance Company Limited by its Branch Manager, Mahaboobnagar against the judgment and decree passed in O. P. No. 67 of 1990 on the file of the Chairman, Motor Accidents Claims tribunal (for short Tribunal) Mahaboobnagar dated 9-9-1992 awarding a compensation of Rs. 51,000-00 together with interest at the rate of 12% per annum for the death of Venkataiah who was aged about 20 years at the time of accident.

( 2 ) THE learned Counsel for the appellant contended that the award passedby the Tribunal below is illegal on the ground that the deceased was not an employee of the first respondent, who was the owner of the Tractor, which involved in the alleged accident as deposed by him as R. W. 1, and that the deceased was travelling as an unauthorised passenger on the tractor, which is not meant for carrying any passengers. The learned Counsel for the appellant further submitted that the award passed by the Tribunal below is illegal and contrary to the law laid down by the Supreme Court Judgment in Employ, -s state Insurance Corporation vs. Francis De Costa. The learned Counsel for the appellant further submitted that the de

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