IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 2645 of 2002 (Appeal under Section 173 of M.V Act against the order/decree in OP No. : 567 of 1996 dated 07/03/2001 on the file of the court of the Motor Accidents Claims Tribunal-cum- Additional District Judge, Anantapur). Between: Oriental Insurance Co. Ltd. Divisional Office, Ananthapur rep. by its Div. Manager through its Regional Office at Hyderabad rep. by its Manager. ..... APPELLANT/ R-2 AND 1 K.Nagalaxmamma W/o. K. Ramalingeswarudu 2 K. Ramalingam S/o. K. Ramalingeswarudu 3 K. Bhaskar S/o. K. Ramalingeswarudu 4 K. Dhanalaxmi D/o. K. Ramalingeswarudu Respondents 2 to 4 here in being minors, represented by their natural guardian, their mother, R-1 herein. The Respondents 1 to 4 here in are R/o D. No. 15/1006, Near Water Tank Tadpatri Town, Ananthapur District. 5 T. Awaratha Narayana S/o. T. Venkataratnam, Owner of Lorry KA- 01/2192; R/o. D.No. 176, Tankasa Tower, A.S. Char Street, Bngalore, Karnataka State. .....RESPONDENTS Counsel for the Appellant:MR.A.V.K.S.PRASAD Counsel for the Respondent No.: . The Court delivered the following JUDGEMENT: Sd/- T. VENKATESWARA RAO ASST. REGISTRAR // TRUE COPY// SECTION OFFICER To:- 1. The Chairman, Motor Accidents Claims Tribunal-cum- Additional District Judge, Ananthapur ( with records ) 2. c.d copies. 3. 1 c.c. to SRI .A.V.K.S.PRASAD ADVOCATE (OPUC) HIGH COURT 29/04/2009 JUDGMENT CMA. NO. 2645 of 2002 Allowing the Civil Miscellaneous Appeal without costs. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 2645 of 2002 Between: Oriental Insurance Co. Ltd. Divisional Office, Ananthapur rep. by its Div. Manager through its Regional Office at Hyderabad rep. by its Manager. ..... APPELLANT/ R-2 AND 1. K.Nagalaxmamma W/o. K. Ramalingeswarudu 2. K. Ramalingam S/o. K. Ramalingeswarudu 3. K. Bhaskar S/o. K. Ramalingeswarudu 4. K. Dhanalaxmi D/o. K. Ramalingeswarudu Respondents 2 to 4 here in being minors, represented by their natural guardian, their mother, R-1 herein. The Respondents 1 to 4 here in are R/o D. No. 15/1006, Near Water Tank Tadpatri Town, Ananthapur District. 5 T. Awaratha Narayana S/o. T. Venkataratnam, Owner of Lorry KA- 01/2192; R/o. D.No. 176, Tankasa Tower, A.S. Char Street, Bngalore, Karnataka State. .....RESPONDENTS Appeal U/s. 173 of M.V. Act against the order of the Court o f the Motor Accidents Claims Tribunal-cum- Additional District Judge, Ananthapur, dated 7-3-2001 made in O.P. No. 567 of 1996. This appeal coming on for hearing, and upon perusing the memorandum of Appeal, the orders o f the Lower Court and the material papers i n the case, and upon hearing the arguments of Mr. A.V.K.S. PRASAD Advocate for the Appellant and the Respondents not appearing in Person or by Advocate This Court while allowing the Civil Miscellaneous Appeal doth order and decree as follows:- 1 . That the order o f 7-3-2001 passed b y the Court o f the Motor Accidents claims Tribunal-cum- Additional District Judge, Ananthapur in O.P. No. 567 of 1996 be and hereby is set aside. 2. That the Compensation i f any paid t o claimants ( Respondents 2 t o 4 ) after passing o f the impuged Award o f during pendency o f Appeal shall not be recovered from the claimant herein; 3. That the Appellant/ Insurer may recover the same from owner o f offending the vehicle and; 4. That there be no order as to costs in this Appeal. Sd/- T. VENKATESWARA RAO ASST. REGISTRAR // TRUE COPY// SECTION OFFICER To:- 5. The Chairman, Motor Accidents Claims Tribunal-cum- Additional District Judge, Ananthapur ( with records ) 4. c.d copies. 5. 1 c.c. to SRI .A.V.K.S.PRASAD ADVOCATE (OPUC) HIGH COURT 29/04/2009 DECREE CMA. NO. 2645 of 2002 Allowing the Civil Miscellaneous Appeal without costs.