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1997 Supreme(AP) 1243

B.K.SOMASEKHARA
Oriental Insurance Co. Ltd. – Appellant
Versus
Mohd. Wall Ahmed – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THESE four appeals are the products of the common award rendered in o. P. Nos. 255/88, 256/88, 258/88 and 257/88 respectively by the Motor accidents Claims Tribunal, Warangal dated 6-11-1990 in the claim petitions under Sec. 110-A of the M. V. Act (in short, the Act) fastening the liability on the 3rd respondent/insurer/ appellant to pay the compensation in all the cases. The insurer denied the liability to pay the compensation in view of the fact that gratutious passengers who were carried in the vehicle involved in the accident are not covered by the risk under the terms of the policy and the tribunal was wrong in mulcting the insurer in liability in paying the compensation. Mr. Kota Subba Rao, the learned Counsel for the appellant in all the appeals has tried to drive home such a contention by relying upon new India Assurance Co. Ltd, vs. Shanti Bai Preniner Insurance Co. Ltd. vs. V. Siromanamma and others and Oriental Fire and General Insurance Co. Ltd. vs. B. Sitharam Singh.

( 2 ) MR. P. Keshav Rao, the learned Counsel for the respondents/claimants has tried to support the award.

( 3 ) THE accident occurred on 16-5-1988 at about 7. 30 a. m. , while t







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