THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL MISCELLANEOUS APPEAL MISCELLANEOUS PETITION No.1283 OF 2002 AND M.A.CIVIL MISCELLANEOUS APPEAL No.1735 OF 2011 J U D G M E N T: The delay of 115 days in filing the appeal against the orders passed in O.P.No.392 of1996 dated 15.02.2001 by the Motor Accidents Claims Tribunal-cum-District Judge at Visakhapatnam, is condoned. In view of the fact that the judgment under appeal arises out of a common judgment passed by the District Judge, Visakhapatnam along with other Original Petitions and against the order in C.M.A.No.3253 of 2001 in O.P.No.265 of 1996, the liability of Insurance Company was held to be excluded. In view of the judgment of the Supreme Court in New India Assurance Company Vs. Asha Rani[1], the respondents on this application and this appeal are also covered by the same common judgment of the lower Court, the present appeal is also allowed at the stage of S.R. and if the amount of compensation, if any, paid to the claimant shall be recovered only from the owner. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO, J Date: 28-06-2011. INL [1] 2003(1) ACJ 1