IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CMA. NO : 1467 of 2002 Between: The New India Assurance Co.,Ltd. rep.by its Branch Manager R/o. Chilakaluripet, Chilakaluripet DMC Guntur ..... APPELLANT/Respondent No.2 AND 1. Kambnampalli Sambrajyam W/o. late China Venkateshwarlu,28yrs 2. Kambnampalli Malleshwari D/o. late China Venkateshwarlu,12yrs 3. Kambnampalli Nageshwararao S/o. late China Venkateshwarlu,10yrs 4. Kambnampalli Pothuraju S/o. late China Venkateshwarlu,8yrs 5. Kambnampalli Subbamma w/o. China Nagaiah,70yrs(mother of the deceased) All are r/o. Nutalapadu, Parchur (M), Prakasam Dist. 6. Shaik China Bude S/o. Sk. Bujji,Muslim,. Rajagarithota, Chilakaluripet, Chilakaluripet DMC Guntur .....RESPONDENT(S)/Respondent No.1 (Note:RR 2 to 4 Minors rep.by Ist respondent) Appeal under Section173 of M.V.Act against the order of the court of the Motor Accident claims Tribunal-cum-I Additional District Judge, Guntur dated 22/03/1999 made in OP NO:438 of 1996 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 Sri Kota Subba Rao, Advocate for the Appellant and of Sri K.Chidambaram, , Advocate for the Respondent Nos.1 to 5 and none for the respondent No.6. This Court while allowing this Civil Misc.appeal doth order and decree as follows:- 1.That the order of the lower court be and hereby is set aside. 2. That, compensation ii any paid to respondents 1 to 5 after passing of impugned award ordring penmdency of appeal shall not be recovered from them; 3.That, it shall be open to the appeallant to recover the same from owner of offending vehicle, and 4.That shall be no order as o costs in this Civil Misc. appeal SD/-N.S.NARASIMHA CHARYULU ASSISTANT REGISTRAR. //TRUE COPY// SECTION OFFICER. To 1. The Motor Accident Claims Tribunal-cum-I Additional District Judge, Guntur(with records) 2. Two CD copies. HIGH COURT DATED:6-3-2009 DECREE CMA.NO.1467/2002 ALLOWING THE CMA WITHOUT COSTS.