IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CMA. NO : 198 of 2004 Between The Oriental Insurance Company Ltd ,rep byThe Divisional Manager, Tirupati, ..... APPELLANT AND 1. Bathala Basavaiah 2. Muni Reddy 3. K.Venkata Reddy .....RESPONDENT(S) Appeal under Section 173 of M.V. Act against the order of the Chairman,MACT cum-IV Addl Disrict Judge,dated 31-7-1997 made in OP.NO.509/1993,Chittoor at Tirupati. 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.A.Anasuya. Advocate for the Appellant and of Sri K.Bathi Reddy, Advocate for the Respondent and the respondent No.2 not appearing in person or by advocate. This court while dismissing this CMA and confirming Judgment and decree of the Lower Court doth order and decree as follows: I)The amount is already paid to first respondent by appellant, immediately after passing of award or during pendency of the appeal, shall not be recovered from him. ii) That it shall be open to the insurer to recover the amount from the owner of the vehicle in appropriate proceedings. iii) That there be no order as to costs in this appeal SD/-G.VENKATESWARA RAO ASSISTANT REGISTRAR //TRUE COPY // SECTION OFFICER To 1. The Chairman MACT-cum-IV Addl.district Judge, Chittor at Tirupati(with records) 2. Two copies. 3. One spare copy High court 24-4-2009 DECREE CMA.198/2004 DISMISSING THE CMA WITH OBSERVATION