THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2713 of 2000 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 18.08.1995, passed by the I Additional District Judge-cum-Motor Accident Claims Tribunal, Krishna at Machilipatnam, in M.V.O.P.No.308 of 1991, awarding a sum of Rs.86,148/- towards compensation, for the death of one Tumati Moses, in a road accident that occurred on 01.0.1991, the appellant-New India Assurance Company Limited, filed present Civil Miscellaneous Appeal. 3. It is the contention of the learned Standing Counsel appearing for the appellant that the accident took place because of collision of two vehicles. The very case of the claimants also, from the record, appears to be that the deceased was travelling as owner of the goods in a lorry bearing No.ADM.648, on 01.06.1991, and met with accident, resulting in his death. The Tribunal had recorded a finding that the appellant is liable to pay the compensation. But, it is contended by the learned Standing Counsel appearing for the appellant that the legal position after 14.11.1994 is different by which the appellant is not liable. However, pursuant to the impugned award, passed by the Tribunal, half of the award amount was already deposited. In such an event, I feel it inexpedient to permit the appellant to take back the amount that has already been deposited. However, in view of the above change in the legal proposition, the appellant is at liberty to recover the said amount from the owner of the vehicle. 4. So far as the balance amount, after the above said deposit has been made by the appellant-insurance company, the claimants are at liberty to recover from the owner and insurer of the lorry bearing Registration No.AP.16-5327, which was also responsible for the accident, who are respondents 8 and 9 herein, respectively. 5. Subject to the above modification, the Civil Miscellaneous Appeal is disposed of. In all other aspects and respects, the impugned order and decree, passed by the Tribunal, shall stand unaltered. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 15th July 2010 dr