APHC010525422006 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 593/2006 Between: The National Insurance Company Limited, Tirupathi. ...APPELLANT AND T Venkatesh And Another and Others ...RESPONDENT(S) Counsel for the Appellant: 1. N RAMA KRISHNA 2. NALLURI RAMAKRISHNA Counsel for the Respondent(S): 1. M P CHANDRAMOULI The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.593 of 2006 JUDGMENT: 1. The present C.M.A is filed against the Award passed by the Commissioner of Workmen’s Compensation-cum-Assistant Commissioner of Labour at Tirupati in W.C.No.05 of 2004 dated 31.01.2006. 2. The application claiming compensation was filed by the Respondent No.1/Claimant. As per the claim, the Claimant was working as a driver for a jeep belonging to the Respondent No.2, which was having valid insurance policy bearing No.550905/31/02/6303922. The Claimant being driver met with an accident on 01.02.2003 while he was avoiding collusion with a bus coming in the opposite direction. Consequently, the Claimant received grievous injuries and a claim application was filed. Before the Commissioner, the Claimant and Dr.K.S. Vardhan, S.V.R.R.G.G. Hospital, Tirupati were examined as A.Ws 1 and 2 respectively and Exs.A.1 to A.10 were marked. The Commissioner after considering the nature of the injuries and the evidence on record awarded compensation of Rs.3,73,363/-. Hence, the present C.M.A was filed. 3. Heard Sri N. Ramakrishna, learned counsel for the Appellant- insurance company. 4. This Court had initially granted interim stay on 26.04.2006 permitting the Claimant to withdraw an amount of Rs.75,000/- and kept the balance amount in any nationalized bank for a period of three years. Subsequently, as the notice to the Respondent No.2 i.e. the owner of the vehicle was not served, this Court on 29.02.2016 passed the following order:- 3 “Learned counsel for the appellant/s is permitted to take out personal notice to the un-served respondents by RPAD and file proof of service within four weeks. In default, the appeal shall be dismissed as against the respondents, who are served. List after four (4) weeks.” 5. As per the endorsement of the Registry, the above order was not complied with by the insurance company and consequently the appeal stood dismissed for default against the Respondent No.2. 6. In view of the dismissal of the appeal against the owner, the insurance company cannot maintain the present appeal. Consequently, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. The State Legal Services Authority shall ensure that the compensation is paid to the Claimant directly into his Aadhar linked bank account. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 27.01.2025 IS 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO.593 of 2006 Date: 27.01.2025 IS