IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 4676 of 2004 (Appeal under Section 173 of M.V. act against the order/decree in OP No. 28 of 2002 dated 29/08/2003 on the file of the court of the MOTOR accidents claims Tribunal-cum- Principal District Judge, Medak at Sangareddy) Between: M/.s. United India Insurance Co. Ltd, rep. by its Branch Manager, Sangareddy, Medak District. ..... APPELLANT/ Respondent NO. 2 AND 1 Mohd. Khaja Mohinuddin S/o. Moulana 2 M. Prabhu S/o. Sham Rao ..... Claimant/ Respondent Respondent/ Respondent Counsel for the Appellant: SMT A.MALATHI Counsel for the Respondent No.1: SRI C. PRATAP REDDY Counsel for the Respondent NO. II: SRI RUPENDRA MAHENDERA The Court delivered the following JUDGEMENT: SD/- S. SUBBA RAO ASSISTANT REGISTRAR // true copy// SECTION OFFICER To:- 1. The Motor Accidents claims Tribunal-cum Prl. District Judge, Medak at Sangareddy ( with records ) 2. 1 c.c. to SMT. A. MALATHI ADVOCATE (OPUC) 3. 2 C.D. COPIES. 4. 1 C.C. TO SRI C. PRATAP REDDY ADVAOCATE (OPUC) 5. 1 C.C. TO SRI RUPENDRA MAHENDRA ADVOCATE (OPUC) HIGH COURT 3/03/2009 JUDGMENT CMA. NO. 4676 of 2004 Civil Miscellaneous appeal is partly allowed without costs IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 4676 of 2004 Between: M/.s. United India Insurance Co. Ltd, rep. by its Branch Manager, Sangareddy, Medak District. ..... APPELLANT/ Respondent NO. 2 AND 1 Mohd. Khaja Mohinuddin S/o. Moulana 2 M. Prabhu S/o. Sham Rao ..... Claimant/ Respondent Respondent/ Respondent Appeal U/s. 173 of M.V. Act against the order of the Court of the Motor accidents Claims Tribunal -cum- Principal District Judge, Medak at Sangareddy dated 29-8-2003 made in O.P. No. 28 of 2002. The Appeal coming on for hearing and upon perusing the memorandum of Appeal, the orders o f the Lower Court and the material papers i n the case, and upon hearing the arguments of Smt A. Malathi Advocate for the Appellant and o f Sri C. Pratap Reddy Advocate for the Respondent No. I and of Sri Rupendra Mahendra Advocate f or the Respondent No. II. None appeared for the respondent No. 2 This court while partly allowing this Civil Miscellaneous appeal and in modification o f the decree of the Lower Court doth order and decree as follows:- I. That the damages of Rs. 23,000 ( Rupees Twenty Three Thousands ) awarded b y t he Lower court b e and hereby i s reduced t o R s . 6,000/- ( Six Thousands ) only to van bearing No. AP. 25 T 2955; II. That it shall be open to the Ist respondent to proceed against owner of lorry for the remaining amount; III. That save as aforesaid the decree of the Lower Court shall stands confirmed in all other aspects; IV. That there be no order as to costs in this Civil Miscellaneous Appeal. SD/- S. SUBBA RAO ASSISTANT REGISTRAR // true copy// SECTION OFFICER To:- 1. The Motor Accidents claims Tribunal-cum Prl. District Judge, Medak at Sangareddy. 2. 2 C.D. COPIES. HIGH COURT 3/03/2009 DECREE CMA. NO. 4676 of 2004 Civil Miscellaneous Appeal is partly allowed without costs