THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN L.P.A. No.167 of 2002 ORDER: (Per Hon’ble Sri Justice Ramesh Ranganathan) This Letters Patent Appeal is filed against the order of the Learned Single Judge in A.A.O. No.778 of 1993 dated 04.01.2002. The deceased, who was a coolie engaged in loading and unloading of sand in lorry bearing No. ABK 5758, died in an accident involving the said lorry on 28.11.1989. His widow and two children filed O.P. No.623 of 1991 before the Motor Accident Claims Tribunal- cum-District Judge, Karimnagar. The Motor Accident Claims Tribunal awarded a sum of Rs.97,000/-, as against the claim of Rs.1,00,000/-, jointly and severally against both the Insurance Company and the lorry owner. Aggrieved thereby the Insurance Company carried the matter in appeal before this Court. The Learned Single Judge, by the order under appeal, restricted the liability of the Insurance Company only to the extent as prescribed under the Workmen’s Compensation Act i.e., for a sum of Rs.69,000/- and held that the difference between the amount awarded by the Tribunal of Rs.97,000/- and the said amount of Rs.69,063/- was the liability of the lorry owner, and not that of the Insurance Company. Aggrieved thereby the widow and the children of the deceased are in appeal before us. The question which arises for consideration in this appeal is no longer resintegra. I n National Insurance Co. Ltd., v. Prembai Patel[1] the Supreme Court held that, in a petition under Section 166 of the Act, the liability of the Insurance Company is limited to the extent provided under the Workmen’s Compensation Act, and that the liability for the remaining amount was that of the owner of the lorry. The order of the Learned Single Judge accords with the law laid down by the Supreme Court in the judgment referred to hereinabove. We see no reason, therefore, to interfere with the order of the learned Single Judge. Needless to mention that, except to the extent ordered by the Learned Single Judge, the award of the Tribunal stands confirmed in all other respects. The appeal fails and is, accordingly, dismissed. ______________ V.V.S.RAO, J ___________________________ RAMESH RANGANATHAN, J 20.06.2011 MRKR [1] (2005) 6 SCC 172