IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 4170 of 2003 And Cross Objections (SR).No.36829 of 2004 CMA.No.4170 of 2003 : Between: Oriental Insurance Co.Ltd., Divisional Office ,Ananthapur , Rep.by Divisional Manager, through its Regional Office, Begumpet, Hyderabad Rep: by its Asst. Manager ..... APPELLANT/ RESPONDENT NO.2 AND 1. Vodde Ramakka w/o.Late Sunkanna 2. Vodde Narayanaswamy s/o.Late Sunkanna 3. Vodde Hemachandra S/o.Late Sunkanna Vodde Neelakshappa S/o. Late Sunkanna The Respondents 1 to 4 are R/o.Kadamalakunta Village Vajrakarur Mandal, Ananthapur Dist., A.P. ....RESPONDENTS/ PETITIONERS 4. Roshan Sahib S/o.not known, age: not known R/o. Malleswari Road Ananthapur. (Died while the Op.No.204 of 1996 was pending ) Hence not a necessary party to this Appeal. .....RESPONDENT/ R1 Cross Objections ®.No.36829 of 2004: Between: 1. Vodde Ramakka 2. Vodde Narayana Swamy 3. Vodde Hemachandra 4. Vodde Neelakshappa …Petitioners/Respondents 1. The Divisional Manager Oriental Insurance Co., Ltd, Anantapur, Anantapur Distrit. ...Respondent/Appellant 2. Rosahn Saheb (died) …Respondent/Respondent ..2.. Appeal under Section 173 of M.V.Act , 1988 and Cross Objections under Order 41 Rule 22 of C.P.C against the order of the Court of the Motor Accidents Claims Tribunal –cum District Judge, Anantapur dated 28.2.2002 and made in OP.No.204 of 1996 . This Appeal and Cross Objections coming on for hearing and upon perusing the Memorandum of Appeal and Memorandum of Grounds of Cross Objections , the orders of the Lower Court and the material papers in the case, and upon hearing the arguments of Sri A.V.K.S. Prasad, Advocate for the Appellant in Appeal and Respondent No.1 in Cross Objections and of Mr. Kunchem Maheswara Rao , Advocate for the Respondent Nos. 1 to 4 in Appeal and Cross Objections. This Court while allowing the Civil Miscellaneous Appeal and dismissing the Cross Objections at SR Stage, doth order and decree as follows: 1. that the order and decree dated 28.2.2002 passed by the Court of the Motor Accidents Claims Tribunal cum District Judge, Anantapur in OP.No.204 of 1996 be and hereby is setaside. 2. That the compensation if any paid to claimants (Respondents 1 to 4 after passing of the impugned Award or during pendency of Appeal shall not be recovered from the claimants 3. That the Appellant/Insurer may recover the same from owner of offending vehicle and 4. That there be no order as to costs in this Appeal. Sd/- Md. SABIR ///True copy// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal cum District Judge, Ananthapur. 2. Two CD Copies. RV HIGH COURT Dated 8.4.2009 DECREE CMA.NO.4170 of 2003 and Cross Objections (SR).No.36829 of 2004 Allowing the Appeal and dismissing the Cross objections at SR Stage without costs. Sd/- Md.SABIR ASSISTANT REGISTRAR //true copy// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal –cum District Judge, Anantapur. 2. One CC to Sri A.V.K.S. Prasad, Advocate (OPUC) 3. One CC to Sri Kunchem Maheswara Rao, Advocate (OPUC) 4. .2 CD copies RV HIGH COURT Dated 8.4.2009 Judgment + decree CMA.No. 4170 of 2003 and Cross Objections (SR).No.36829 of 2004 Allowing the Appeal and dismissing the cross Objections at SR Stage, without costs.