RAM MOHAN REDDY, J.

( 1 ) ALL these appeals filed by the insurer of the offending motor vehicle arise out of the common Judgment and award dated 16-3-2005 in MVC Nos. 4321/02 and 493-502/02 on the file of the VII addl. Judge, Court of Small Causes and Member, MACT-3, Metropolitan area, Bangalore (SCCH-3), for short the 'mact'.

( 2 ) THE MACT by the common Judgment and award partly allowed the claim petitions of the injured and determined the compensation for injuries sustained by them, in the accident involving the motor vehicle being a lorry bearing certificate of registration No. MYX 7977, driven in a rash and negligent manner: While, so doing the MACT noticed that the claimants were travelling as gratuitous passengers in a goods vehicle, nevertheless in the light of the decision in Pramod Kumar Agarwal Vs. Mushtari Begum reported in AIR 2004 SCW 5010 fastened the liability on the appellant-insurer to pay the compensation and to recover the same from the insured-owner of the vehicle. The insurer aggrieved by the fastening of the liability has preferred this appeal.

( 3 ) LEARNED Counsel for the appellant draws the attention of the Court to the Judgment of the Apex Court innati

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