THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD L.P.A.No.389 of 2001 JUDGMENT: (per BPR,J) The only question involved in this appeal filed at the instance of the Insurance Company is as to its liability. The claimant filed the claim petition before the Tribunal for grant of compensation as a result of injuries sustained by her in a motor accident which occurred on 4.3.1995. Before the Tribunal after both sides let in their evidence, the amount of compensation was determined and the liability was fixed on the driver, owner and the Insurance Company. Challenging the fixation of liability upon it, the Insurance Company preferred the appeal before the learned single judge. The same was dismissed following the principles laid down in NEW INDIA ASSURANCE COMPANY v SATPAL SINGH AND OTHERS[1]. Hence, the appeal. During the course of arguments, it is contended by learned counsel for the appellant Sri Kota Subba Rao that having regard to the judgment of the Supreme Court in NEW INDIA ASSURANCE COMPANY LIMITED v ASHA RANI AND OTHERS[2] fixing the liability on the Insurance Company does not arise. Heard the learned counsel. Having regard to the facts and circumstances of the case and in view of the subsequent decision of the Supreme Court in Asha Rani’s case (2 supra) it has to be held that the Insurance Company is not liable to pay the compensation. However, we make it clear that the amount of compensation, if any, paid shall not be recovered from the claimant and the balance amount, if any, remaining as a result of the award passed by the Tribunal, the claimant is entitled to proceed against the owner for recovery of the same. The appeal is accordingly allowed. No costs. ______________ B.PRAKASH RAO,J _________________ P.DURGA PRASAD,J Dt. 01.02.2011 pnb THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD L.P.A.No.385 of 2001 (per BPR,J) Dt. 01.02.2011 [1] 2000 (1) SCC 237 [2] 2003 (1) ACJ 1