IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 1123 of 2004 Between: The Oriental Insurance Co, Ltd., Rep.by its Branch Manager 12/2 Mission Road Bangalore -560 002. ..... APPELLANT AND 1 L. Khana alias S.Khaja S/o.Madar Saheb R/o. B. Kothakota Village Kothakota Mandal. 2 F.R. Khan S/o.Ahmed Khan R/o. 165, B. Kuppe Village, Subramanyampura Post Bangalore -560 061. .....RESPONDENTS (Appeal under Section 173 of M.V,.Act against the order of the court of the Motor Accidents Claims Tribunal cum Additional District Judge, Madnapalle, Chittoor District Dated 30.10.2002 in OP No. : 155 of 1997.) This appeal coming on for hearing and upon perusing the Memorandum of Appeal , the order of the Lower Court and the material papers in the case, and upon hearing the arguments of Sri R. Venkat Rao, Advocate for the Appellant and of Sri S. Ram Prasad, Advocate for the Respondent No.1 and Respondent No.2 not appearing in person or by Advocate . This Court while doth order and decree as follows : 1. That the appeal be and the same is hereby allowed following the judgment in Asha Rani case (AIR 2003 SC 607); 2. That however, the compensation, if any, paid to first Respondent /Claimant . 3. That the Appellant/Insurer if so advised may recover the same from owner of offending the vehicle and as per the decision of the Supreme Court in Oriental Insurance Company Limited V Nanjappan (AIR 2004 SC. 1630) 4. That there be no order as to cost in this Appeal. .Sd/- S.V. RAMANAMURTHY, ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1.The Chairman, Motor Accidents Claims Tribunal cum II Additional District Judge, Chitoor at Madanapalle. (With Records) 2. 2 CD copies. RV HIGH COURT Dated 20.3.2009 DECREE CMA.No.1123 of 2004 Allowing the CMA without costs