C O M M O N J U D G M E N T

Challenging the pay and recovery order passed by the Tribunal, the appellant/Insurance Company filed Civil Miscellaneous Appeals against the Judgment and Decree passed in M.C.O.P. Nos.252 & 253 of 2013 dated 27.12.2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Thiruvannamalai.

2. Mr.M.B.Raghavan, learned counsel appearing for the appellant in both appeals submitted that in the present case there was no coverage for the claimants who had travelled in the vehicle in an unauthorized manner. The Tribunal has come to the conclusion that the claimants are the unauthorized passengers who travelled in the vehicle, but it has wrongly directed the appellant/Insurance Company to pay the compensation and recover the same from the owner of the vehicle.

3. The main contention of the counsel is that when there was no coverage to cover the present claimants, the question of making the payment and thereafter, to recover the amount does not arise. Further, he referred to Section 147 of the Motor Vehicles Act, 1988 and submitted that only the passengers who travelled in the public vehicles and any person including the owner of the goo