IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 1474 of 2001 Between: The Divisional Manager, The New India Assurance Co., Ltd., Opp: Ranigunj, Secunderabad. ..... APPELLANT AND 1. Ankerla Rajamma W/o.Late Bala Narasaiah (died ) 2. Ankerla Sarangapani S/o.Late Narayana 3. Ankerla Balamani D/o.Late Narayana 4. Ankerla Pandurangam S/o.Late Narayana 5. Ankerla Bala Ramulu S/o. Late Narayana All are Resident of H.No.3-10-96, Gangaputhravada (Boyawada), Bhoingir Town , Nalgonda District. (4 & 5 being minors rep: by their Paternal uncle Ankorla Lingaiah ) 6. Prathipati Pattabi Rama Rao S/o. Nagabhuashan Rao (died ) R/o. Thurkapally Village and Madnal, Nalgonda District. 7. Prathipati Premalatha W/o. Late P. Rama Rao 8. Prathipati Srinivasa Rao S/o. P. Rama Rao 9. Prathipati Hemalatha W/o. Prakasha Rao 10. Prathipati Sree Devi D/o.P. Rama Rao 11. Prathipati Madhavi D/o.P. Rama Rao (Respondent Nos. 7 to 11 are R/o. Thurkapally Village and Madnal, Nalgonda District. Respondent Nos. 7 to 11 are brought on record as L.Rs of Respondent No.6 herein vide IA.No.496/95 dated 23.9.1996. .....RESPONDENTS (Appeal under Section 173 of M.V.Act against the order and decree of the Court of the Chairman, Motor Accidents Claims Tribunal cum District Judge, Nalgonda) dated 1.9.1997. in OP No. : 400 of 1990. 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 Sri Kota Subba Rao , Advocate for the Appellant and of Sri A.Rajasekhar Reddy , Advocate for the Respondent Nos.2 to 5 and Sri G. Balaram, Advocate for Respondent Nos. 7 to 11 . …2.. This Court doth order and decree as follows 1. That following the dicta of the Honourable Supreme Court in Asha Rani’s case (AIR 2003) S.C.607) the appeal is allowed. 2. That however, the compensation , if any paid to respondents 1 to 5 after passing impugned award r during pendency of appeal shall not be recovered from the claimants. 3. that, it shall be open to the appellant to recover the same from owners of tractor , trailor and 4. that there shall be no order as to costs in the Civil Miscellaneous Appeal. Sd/- S.V. RAMANAMURTHY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1.The Chairman , Motor Accidents Claims Tribunal cum District Judge, Nalgonda. 2.. 2 CD copies RV HIGH COURT Dated 19.3.2009 DECREE CMA.No.1474 of 2001 Allowing the CMA without costs