IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 403 of 2003 (Appeal under Section 30 (a) of W.C. Act against the order/decree in WC Case No. 102 of 2001 dated 20/03/2002 on the file of the court of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Lbaour-1 , Circle, Guntur. ) Between: The Divisional Manager, The New India Assurance Co., Ltd., Guntur. ..... APPELLANT OPP. PARTY. NO. 2 AND 1 Alahari Varalaxmi W/o Late Venkaiah R/o. Chenchupet, near Jandachettu Tenali, Guntur District. C/o. Sri R. Sanjeeva Reddy, Advocate, Guntur 2 Alahari Narasimharao S/o. late Venkaiah 3 Alahari Varunkumar S/o. late Venkaiah aged about 16 years Minor. Respondent No.s. 2 and 3 are being minors, rep. by their mother Alahari Varalaxmi Respondent NO. 1 herein., R/o Chenchupet, Near Jandachettu, Tenali, Guntur District. C/o. Sri R. Sanjeeva Reddy, Advocate, Guntur. .. Respondents/ Applicants 4 Smt. Katragadda Indiradevi W/o. Hemachandraprasad, Owner of the Lorry No. AP 21 T-4456, D. No. 2-38-5/6, Gandhinagar Tenali Guntur District. 5 Alahari Vamanamma W/o. late Venkatanarasimharao R/o.D.No.10-10-61, Tenali, Guntur District. Respondent No.5 are not necessary .....RESPONDENTS Opp. Parties 1 & 3 . Counsel for the Appellant: SRI KOTA SUBBA RAO Counsel for the Respondents Nos. 1 to 3:SRI T.S.R.PRASAD, Advocate Counsel for the Respondent No. 4: NONE APPEARED Counsel for the Respondent. NO. 5: NOT NECESSARY AS PER C.T. The Court delivered the following JUDGEMENT: Sd/- D.B.T. SUNDARI ASST. REGISTRAR // TRUE COPY// SECTION OFFICER TO:- 1. The Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-1, Circle, Guntur. ( with records ) 2. 2 c.d. copies. 3. 1 c.c. to SRI KOTA SUBBA RAO ADVOCATE (OPUC ) 4. 1 C.C. TO SRI T.S.R.PRASAD, ADVOCATE (OPUC). HIGH COURT Dt: 27-04-2009 JUDGMENT CMA. NO. 403 of 2003 Allowing the Civil Miscellaneous Appeal, without costs. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 403 of 2003 Between: The Divisional Manager, The New India Assurance Co., Ltd., Guntur. ..... APPELLANT OPP. PARTY. NO. 2 AND 1 Alahari Varalaxmi W/o Late Venkaiah R/o. Chenchupet, near Jandachettu Tenali, Guntur District. C/o. Sri R. Sanjeeva Reddy, Advocate, Guntur 2 Alahari Narasimharao S/o. late Venkaiah 3 Alahari Varunkumar S/o. late Venkaiah aged about 16 years Minor. Respondent No.s. 2 and 3 are being minors, rep. by their mother Alahari Varalaxmi Respondent NO. 1 herein., R/o Chenchupet, Near Jandachettu, Tenali, Guntur District. C/o. Sri R. Sanjeeva Reddy, Advocate, Guntur. .. Respondents/ Applicants 4 Smt. Katragadda Indiradevi W/o. Hemachandraprasad, Owner of the Lorry No. AP 21 T-4456, D. No. 2-38-5/6, Gandhinagar Tenali Guntur District. 5 Alahari Vamanamma W/o. late Venkatanarasimharao R/o.D.No.10-10-61, Tenali, Guntur District. Respondent No.5 are not necessary .....RESPONDENTS Opp. Parties 1 & 3 . Appeal Under Sec. 3 0 (a) o f W.C. Act against the order o f the court o f the Commissioner for Workmen’s Compensation and Assistant commissioner of Labour-1, Circle, Guntur dated 20-3-2002 made in W.C. Case NO. 102 of 2001. 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 Mr. Kota Subba Rao, Advocate for the Appellant and of Mr. T.S.R. Prasad Advocate for the Respondents No.s. 1 to 3 and Respondent No. 4 herein not appearing in person or by Advocate and the Respondent No. 5 is not a necessary party as per C.T. This court while allowing this Civil Misc Appeal doth order and decree as follows:- 1. That the order and decree Dt: 20-3-02 and made i n w.C.C. No. 102/01 passed b y t h e Commissioner f o r Workmen’s Compensation a n d Asst. Commissioner of Labour-1 Circle, Guntur be and hereby is set aside; 2. That, if any amount is paid to claimants, it shall not be recovered from them and it shall be open to the insurer to recover the same from the owner of the Lorry; and 3. That there shall be no order as to costs in this Civil Misc. Appeal. Sd/- D.B.T. SUNDARI ASST. REGISTRAR // TRUE COPY// SECTION OFFICER TO:- 1. The Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-1, Circle, Guntur. ( with records ) 2. 2 c.d. copies. HIGH COURT Dt: 27-04-2009 DECREE CMA. NO. 403 of 2003 Allowing the Civil Miscellaneous Appeal, without costs.