THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD L.P.A.NOs.81 AND 162 OF 2002 COMMON JUDGMENT: {Per the Hon’ble Sri Justice B.Prakash Rao} Since both the appeals are connected, they are taken up together for disposal. The only question involved in these two appeals filed at the instance of the Insurance Company is as to its liability. The claimants filed the claim petitions before the Court below for grant of compensation as a result of injuries sustained by them in a motor accident which occurred on 19.01.1990. Before the trial Court, after both the 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 appeals before the learned Single Judge. The same were dismissed following the principles laid down in New India Assurance Company v. Satpal Singh And Others[1]. Hence, the appeals. During the course of arguments, learned counsel for the appellant, Sri Kota Subba Rao contended that having regard to the judgment of the Supreme Court in New India Assurance Company Limited v. Asha Rani And Others[2], fixation of liability on the Insurance Company does not arise. Having regard to the facts and circumstances of the case and in view of the subsequent decision of the Supreme Court in New India Assurance Company Limited v. Asha Rani And Others (2 supra), wherein it is held that the Insurance Company is not liable to pay the compensation, the compensation amount paid, if any, shall not be recovered from the claimants and the balance amount, if any, remaining as a result of the decree of the trial Court can be recovered by the claimant as against the owner. Following the same, both the appeals are, allowed. No costs. _________________ (B.PRAKASH RAO, J) __________________ (P.DURGA PRASAD, J) 8th February 2011 RRB [1] 2000 (1) SCC 237 [2] 2003 (1) ACJ 1