HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
M.A.C.M.A. No.121 OF 2022
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
04. 04.05.2022 AHSANUDDIN AMANULLAH, J
and
TARLADA RAJASEKHAR RAO, J
(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)
Heard Mr. K. Madhusudhan Reddy,
learned counsel for the appellant.
2. The present Appeal is directed
against the judgment dated 13.03.2020
passed in M.V.O.P. No.8 of 2019 by the
Chairperson, Motor Accidents Claims
Tribunal-cum-III Additional District Judge,
Rajampet (for short the 'Tribunal'), by which
the petition filed by the respondents no.1
and 2 herein has been allowed and compensation of Rs.31,69,530/- with interest at the rate of 9% p.a. from the date of presentation of the petition till date of deposit or realization has been awarded.
3. Learned counsel for the appellant submitted that it is the appellant insurance company which has been directed to pay the amount which is not legally due to the respondents no.1 and 2. It was contended that the respondent no.1 is the son of the deceased who is employed in Government service, whereas, respondent no.2 is the married daughter of the deceased and the law does not entitle them to get compensation, but still it has been awarded.
4. Though the Court finds that the said two points have not been raised by the appellant before the Tribunal, however, as 2 the same raise questions of law, the Court is persuaded to issue notice in the matter.
5. Accordingly, let personal notice be effected on the respondents within three weeks and proof of service filed by 14.06.2022.
I.A. No.1 OF 2022
6. For the reasons stated in the accompanying affidavit filed in support of the application and after hearing learned counsel for the applicant/appellant, there shall be ad interim stay of execution of the judgment dated 13.03.2020 passed in M.V.O.P. No.8 of 2019 by the Chairperson, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Rajampet subject to the appellant depositing 50% of the decreetal amount before the Tribunal, including costs, within four weeks from today. Upon such deposit, the respondents no.1 and 2 shall be entitled to withdraw the same without furnishing any security/surety and failure to deposit the said amount by the appellant within the time stipulated would lead to automatic vacation of the ad interim stay.
7. Notice shall also be issued in I.A. No.1 of 2022.
8. The matter be listed on 20.06.2022.
__________________________________ (AHSANUDDIN AMANULLAH, J) __________________________________ (TARLADA RAJASEKHAR RAO, J) Dsh