Judgment : 1. Arising out of an accident, which occurred on 18.10.1998, several claim petitions have been made by the legal representatives of the deceased and the injured, respectively, on the file of Motor Accidents Claims Tribunal (II Additional Sub Judge), Cuddalore. One of the defences raised by the 1st appellant/New India Assurance Company Limited, Bharathi Road, Cuddalore, was that the owner of the lorry, bearing Registration No.TCC 9833, violated the policy conditions in allowing unauthorised passengers to travel in the heavy goods vehicle and therefore, liability cannot be fastened on the Insurance Company. Without prejudice to the above, the Insurance Company has disputed the age, income, avocation, nature of injuries, period of treatment and the quantum of compensation claimed under various heads, by the legal representatives of the deceased and the injured, as the case may be. 2. On evaluation of pleadings and evidence, the Claims Tribunal fastened liability on the appellant/Insurance Company to pay compensation, in each other claim petitions. 3. Being aggrieved by the same, the Insurance Companies have filed CMA.Nos.1338, 1343 and 1693 to 1698 of 2006, dated 06.09.2011, against the Common Award made in MCOP Nos.243 to 247 of 2000 and 561 to 568 of 2000 on the file of Motor Accidents Claims Tribunal, Cuddalore. All the appeals have been made in time. The present appeal has been filed as against the Award in MCOP No.563of 2000 on the file of Motor Accidents Claims Tribunal, Cuddalore, with the delay of 143 days in filing. 4. Material on record discloses that paper publication has been ordered for service on the respondents in delay execution petition and paper publication in “Makkal Kural” has also been effected. Thus, the respondent has been served and his name is also shown in the cause list. 5. On 04.06.2014, when the matter came up for hearing, Mr. M. Krishnamoorthy, learned counsel for the appellants submitted that the appeals, stated supra, have been heard and after considering the rival submissions, this Court, in a batch of appeals in CMA.Nos.1338, 1343 and 1693 to 1698 of 2006, dated 06.09.2011, set aside the Common Award and exonerated the Company from its liability to pay compensation. 6. M. Krishnamoorthy, learned counsel for the appellants submitted that the appeals, stated supra, have been heard and after considering the rival submissions, this Court, in a batch of appeals in CMA.Nos.1338, 1343 and 1693 to 1698 of 2006, dated 06.09.2011, set aside the Common Award and exonerated the Company from its liability to pay compensation. 6. In the light of the above submission, Registry was directed to furnish a copy of the Common Judgment, wherein this Court, while setting aside the Common Award, has exonerated the Company from its liability to pay compensation and granted liberty to the claimants therein, to work out the remedy to recover the compensation amount, from the owner of the vehicle. The Common Judgment and Decree made in the year 2009, has reached a finality. 7. The Insurance Company is exonerated from its liability to pay compensation to all the claimants therein, who were found to be gratuitous passengers. The said Judgment, on the facts and circumstances, is equally applicable to the present appeal also. Hence, the Award in MCOP No.563 of 2000, dated 23.04.2004 on the file of Motor Accidents Claims Tribunal (II Additional Sub Judge), Cuddalore, is set aside. As stated supra, it is open to the respondent/claimant to seek for recovery from the owner of the lorry, bearing Registration No.TCC 9833. 8. Hence, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Consequent to the reversal of the Decree, the 1stappellant Insurance Company is permitted to withdraw the statutory deposit of Rs.25,000/-(Rupees twenty five thousand only) lying in the credit of MCOP No.593 of 2000 on the file of Motor Accidents Claims Tribunal (II Additional Sub Judge), Cuddalore.