THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA Letters Patent Appeal No.113 of 2001 Date: 30-6-2010 Between Sanigala Balamma and 2 others … Appellants and M/s. New India Assurance Co. Ltd., Rep. by its Manager, Cuddapah and another … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA Letters Patent Appeal No.113 of 2001 Oral Judgment: (per D.S.R.Varma, J.) Heard both sides. 2. This appeal is directed against the judgment and decree, dated 02-8-1999, in C.M.A.No.693 of 1999, passed by a learned single Judge of this Court. 3. The appellants herein are the claimants, respondent No.1 is the insurer and respondent No.2 is the insured. 4. The Tribunal by an award dated 28-10-1997 in O.P.No.271 of 1993 awarded a sum of Rs.25,000/- towards compensation in favour of the claimants, who are the wife, son and daughter of the deceased Sanigala Yerra Bayanna who died in a motor vehicle accident, fastening the liability upon the insurer. The said award was subjected to challenge by way of an appeal before a learned single Judge of this Court. Consequently, the said appeal was allowed placing reliance on National Insurance Co. Ltd., v. Jethu Ram[1]. As a consequence, the claim of the claimants had been rejected. As against the said judgment, the present appeal is filed. 5. Prima facie, we find no reason to interfere with the judgment of the learned single Judge of this Court, inasmuch as, the Tribunal allowed the claim of the claimants basing on the earlier law laid down by the apex Court in B.V.Nagaraju v. M/s. Oriental Insurance Co. Ltd., Divisional Officer, Hassan[2]. The said judgment was held to be not a good law by the apex Court in New India Assurance Co. Ltd., v. Asha Rani[3]. The principles laid down i n Asha Rani’s case (3 supra) have been subsequently relied on in various judgments rendered by the apex Court. 6. In view of the said matter, we find no reason to entertain this appeal and the same is liable to be dismissed. 7. In the result, the appeal is dismissed, confirming the impugned judgment passed by the learned single Judge of this Court. _________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE B.N.RAO NALLA 30th June, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA Letters Patent Appeal No.113 of 2001 (Judgment of the Division Bench delivered by DSRV, J.) 30th June, 2010. (Ak) [1] 1998 (1) ACJ 921 [2] (1996) 4 SCC 647 [3] (2003) 2 SCC 223