THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.No.415 of 2003 O R D E R: This revision is preferred by the petitioner/insurance company questioning the award of the District Judge, Motor Accidents Claims Tribunal, Srikakulam in M.V.O.P.No.342 of 1998 under award dated 30.03.2002. In the present case, the respondent/claimant was travelling in the lorry together with his fish baskets. There were other persons also who were carrying on similar business and travelling in the same lorry. The other claimants also filed separate compensation cases arising out of the same accident and one such claim in O.P.No.343 of 1998, also decided by the Tribunal below by separate judgment dated 30.03.2002 of an injured, who died later, was subject matter of C.M.A.No.104 of 2003 before this Court. In the said judgment of the Tribunal as well as in this case, compensation is awarded against the insurance company in view of decision of the Supreme Court in New India Assurance Company Limited v Satpal Singh[1]. However, the latest judgments of the Supreme Court in New India Assurance Company Limted v Asharani[2] as well as National Insurance Company Limited v Baljit Kaur and others[3] were noticed by this Court in C.M.A.No.104 of 2003 and while confirming the award, this Court held that though insurance company is not liable, the insurance company shall pay the compensation and recover the same from the owners of the offending vehicle, without necessity of taking recourse to a separate suit. The facts of the present case slightly differ as the 1st respondent/claimant was only injured. However, in view of the legal position as above, and keeping in view that the amount awarded is only Rs.8,000/- and the same having been directed to be deposited in entirety together with costs vide interim orders of this Court in C.M.P.No.1097 of 2003 dated 27.01.2003, passed in the present case, the respondent/claimant shall be entitled to withdraw the amount deposited by the petitioner in pursuance of the orders of this Court. However, petitioner shall be at liberty to recover the amount from the owner of the offending vehicle by approaching the Motor Accidents Claims Tribunal in the execution proceedings without necessity of filing any separate proceedings. The revision is accordingly disposed of. No costs. ____________________ VILAS V.AFZULPURKAR,J Dt: 1st July, 2011 PNV [1] 2000 (1) SCC 237 [2] 2003 SCC (2) 223 [3] (2004) 2 SCC 1