HON’BLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No. 2042 OF 2004 Date: 29-10-2010 Between The Branch Manager, Oriental Insurance Co. Ltd. ……….. Appellant and Kalinga Apparao and two others …….. Respondents HON’BLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No. 2042 OF 2004 ORDER: This Appeal is filed by the Insurance Company challenging the award, dated 19-02-2003 passed in O.P.No.1069 of 1999 on the file of the III Additional District Judge-cum-Chairman, Motor Accident Claims Tribunal at Visakhapatnam. None appears for the respondents in spite of service of notice. The learned counsel for the appellant-Insurance Company reported that against the award in O.P.No.988 of 1998, arising out of the same accident, the Insurance Company filed C.M.A.No.442 of 2004 and the appeal was allowed by this Court vide orders, dated 30-04-2009, and as the present appeal is squarely covered by the said judgment of this Court, similar orders may be passed in this Appeal. Perused the judgment in C.M.A.No.442 of 2004, dated 30-04-2009, a copy of which is filed before this Court. As the matter is covered by the said judgment of this Court, the Civil Miscellaneous Appeal is allowed. However, as ordered in the said judgment of this Court, it is ordered that the compensation, if any, paid to the claimants, after passing of the impugned award or during pendency of appeal, shall not be recovered from them and the appellant may recover the same from the owner of the offending vehicle. No order as to costs. ___________________ P. SWAROOP REDDY, J Date: 29-10-2010 YCR