IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO C.M.A.NO : 442 of 2004 Between: The Oriental Insurance Company Ltd Rep. by its General Manager GVK Towers Dwarakanagar Branch, Visakhapatnam. ..... APPELLANT AND 1 Gummidi Appa Rao S/o. Ramku Naidu R/o. Gandhinagar, Kottakota, Ravikamatam Mandal, Visakhapatnam 2 Smt.S.Appalanarasamma, W/o.Demudu R/o.D.No.4-16-1 Gummidu Veedh,i Kottakota Ravikamatam Mandal, Visakhapatnam 3 G.Gouri Niadu, R/o Kothakota, R/o.D.No.4-16-1 Gummidu Veedhi Kottakota, Ravikamatam Mandal, Visakhapatnam .....RESPONDENTS Appeal under Section 173 of Motor Vehicles act against the order dated 30/03/2002 made in OP NO:988 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-III Addl. District Judge, Visakhapatnam. 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.Maamu Vani, Advocate for the Appellant and of Sri M.Viswanadham, Advocate for the Respondent No. 1 and none for the respondents Nos 2 and 3. This court while allowing the appeal and in modification of the decree of the lower court doth and decree as follows: 1. That compensation if any paid to the petition after passing of impugned award or during pendency of appeal shall not be recovered from him. 2. And if so advised the appellant may recover the same from owner of offending vehicle. 3. That there be no order as to costs. SD/-U.SUBRAHMANYA SARMA. ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal-cum-III Addl District Judge, Visakhapatnam 2.2 CD copies. HIGH COURT DT. 30.4.2009 ORDER CMA NO. 442/2004 DECREE.