IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 3260 of 2002 Between: New India Assurance Co., Ltd., rep: by its Regional Manager Bangalore.2 Bunity Building. ..... APPELLANT AND 1. Peda Narsappa S/o.Nagappa 2. Muralidhar Reddy s/o. P. Narasappa 3. Masi Reddy S/o. P. Narsappa aged 15 years, minor 4. Pratap S/o. P. Narsappa aged 12 years, minor 5. Narayanamma D/o. P. Narsappa aged 6 years, minor All are R/o. Uppari Village, Petitioners 3 to 5 are minors under the guardianship of their father Pet.No.1. …Respondents/Petitioners/ Respondents 6. C.B. Rao, Owner of tipper No.AHH 2055 construction Company P.J.P.Ravalapally, Gadwal Taluk. …Respondent/Respondent No.1 R6 dismissed by vide Court Order dt. 31.1.2002. .....RESPONDENT (Appeal under Section 110 D. of M.V.Act against the order (Appeal under Section 110 D. of M.V.Act Dated 4.11.1994 made in OP.No.419 of 1989 This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the orders of the Lower Court and the material papers in the case, and upon hearing the arguments of Smt. I. Mammu Vani, Advocate for the Appellant and the Respondent Nos. 1 to 5 not appearing in person or by Advocate . This Court while allowing the Civil Misce Appeal, doth order and decree as follows: 1. That, the order of the Lower Court be and hereby is setaside 2. That compensation if any paid to respondents 1 to 5 after passing of impugned award or during pendency of appeal shall not be recovered from them; 3. That, if so advised, appellant may recover the same from owner of offending vehicle and 4) That , there shall be no orders as to costs in this Civil Misce. Appeal Sd/- N.S. NARASIMHA CHARYULU ASSISTANT REGISTRAR //true copy// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal Cum District Judge at Mahabubnagar (with Records) 2. 2 CD copies. RV HIGH COURT Dated 6.3.2009 DECREE CMA.No.3260 of 2002 Allowing the CMA without costs.