IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 2538 of 2002 (Appeal under Section 173 of M.V. Act against the order/decree in OP no. : 495 of 1998 dated 16/04/2002 on the file of the court of the MACT- cum-III Addl. District Judge, Kakinada.) Between: United India Insurance Co. Ltd, Divisional Office, Kakinada, rep. by its Divisional Manager, through its Regional office, Hyderabad. Rep. by its Asst. Manager. ..... APPELLANT/ R. 3 AND 1 Anasuri Laxmi 2 Anasuri Lovaraju (R. 2 herein being minor rep. by his natural guardian his mother R.1 herein. ) 3 Annabathula Venkata Ranga Rao 4 Matta Satyanarayana ( 3rd Respondent herein is not a necessary party to this Appeal hence given up. ) .....RESPONDENTS Counsel for the Appellant: SRI A.V.K.S.PRASAD ADVOCATE Counsel for the Respondent SRI T.N.M. RANGA RAJU The Court delivered the following JUDGEMENT: Sd/- K.S. SARMA ASST. REGISTRAR // TRUE COPY// SECTION OFFICER To:- 1. The III Addl. District Judge, Motor Vehicles, Accidents Claims Tribunal, Kakinada ( with records) 2. 1 c.c. to SRI A.V.K.S. PRASAD ADVOCATE counsel for the Petitioner (OPUC). 3. 1 c.c. to SRI T.N.M. RANGA RAJU Counsel for the Respondent ( OPUC ). 4. 2 c.d. COPIES. HIGH COURT Dt: 22/04/2009 ORDER CMA. NO. 2538 of 2002 Allowing the CMA. Without costs. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 2538 of 2002 Between: United India Insurance Co. Ltd, Divisional Office, Kakinada, rep. by its Divisional Manager, through its Regional office, Hyderabad. Rep. by its Asst. Manager. ..... APPELLANT/ R. 3 AND 1 Anasuri Laxmi 2 Anasuri Lovaraju (R. 2 herein being minor rep. by his natural guardian his mother R.1 herein. ) 3 Annabathula Venkata Ranga Rao 4 Matta Satyanarayana ( 3rd Respondent herein is not a necessary party to this Appeal hence given up. ) .....RESPONDENTS Appeal against the order of the Court of the MACT-cum-III Addl. District Judge, Kakinada dated 16-4-2002 made in O.P. No. 495 of 1998. This appeal coming o n for hearing and upon perusing the memorandum o f 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 o f Mr. T.N.M. Ranga Raju Advocate for the Respondents. This court while allowing this Civil Misc. Appeal doth order and decree as follows. 1. The amount of any paid to the respondents/ claims shall not be recovered from them and for balance amount, i f any t o b e paid i t shall also b e open to respondents/ claimants to proceed against owner of Lorry; 2. That it is needless to mention that appellant/ Insurer can recover amount paid from owner of Lorry involved in accident; and 3. That there shall be no order as to costs in this Civil Misc. Appeal. Sd/- K.S. SARMA ASST. REGISTRAR // TRUE COPY// SECTION OFFICER To:- 1. The Chairman/ III Addl. District Judge, Motor Vehicles, Accidents Claims Tribunal, Kakinada. 2. 2 c.d. copies. HIGH COURT Dt: 22/04/2009 DECREE CMA. NO. 2538 of 2002 Allowing the CMA. Without costs.