IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CMA.NO : 1125 of 2003 New India Assurance Co. Ltd., rep.by its Divisional Manager Kakinada Kakinada DMC. ..... APPELLANT/respondent No.3 AND 1 Bandi Atchayyamma W/o. Late Arjunudu,19yrs, R/o. Srungavruksham, Thondangi Mandal E.G. District, Tuni DMC 2 Bandi Dharmaraju S/o. late Abbai,55yrs R/o. Srungavruksham Thondangi Mandal E.G. District, Tuni DMC 3 Bandi Talupulamma W/o. Dharmaraju,50yrs R/o. Srungavruksham Thondangi Mandal E.G. District, Tuni DMC 4 M/s. Lancho Constructions Ltd., Rep. by its G.P.Reddy,owner of tge vehicle, AP-10-T- 4768,1-8-50, 2nd floor, Krishna Colony, Secunderabad Secunderabad DMC. 5 Tupili Srinivasulu S/o. Narayanarao,23yrs, Driver of lorry No,.AP.-10-T- 4768, Chellayyapalem Nellore District,Nellore DMC. (R5 IS NOT NECESSARY PARTY TO THIS APPEAL) .....RESPONDENT(S)/respondents Appeal under Section 173 of MV act against the order of the court of the III Additional District Judge, Kakinada dated 27/04/2001 made in OP NO:23 of 1998 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 Josyula Bhaskara Rao , Advocate for the Respondent Nos.1 to 3 and none appeared for the respondent No.4. This court while allowing this Civil Miscellaneous Appeal following the dicta of the supreme Court in ASHA RANI ((2003) 2 SCC 223= AIR 2003 SC 607 – 2002 AIR SCW 5259) and the decree of the Lower Court doth order and decree as follows:- 1.That the order and Decdree dt.27-4-2001 passed by the court of the III Additional district Judge, Kakinada, E,.G District in OP.23/1998 be and hereby is set aside. 2.That the compensation, if any ,paid to the claimant (Respondents 1 to 3 after passing of the impugned Award or during the pendency of the appeal shall not be recovered from them. 3.That the appellant/Insurer may recover the same from owner of the offending vehicle and 4. That there be no order as to costs in this Civil Miscellaneous appeal. SD/- R.L.N.CHARYULU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER. To 1. The III Additional District Judge, Kakinada,E.G.District (with records) 2. 2 CD copies HIGH COURT DATED:13-2-2009 DECREE CMA.NO.1125/2003 ALLOWING THE CMA WITHOUT COSTS The Court delivered the following JUDGEMENT: ...........REGISTRAR To 1.III Additional District Judge, Kakinada 2.2 CD copies Form-NIC-OGS/CMA(Dec){ND}