The New India Assurance Company ... vs Dasari Ramalakshmi

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                                                             M.A.C.M.A.No.433 of 2022

                                                                              82

                       HIGH COURT OF ANDHRA PRADESH

     MAIN CASE NO: M.A.C.M.A .No.433 of 2022

                               PROCEEDING SHEET

Sl.N      Date                             ORDER                           OFFICE
 o.                                                                         NOTE


1.
       28.10.2022   BSB. J

                                        I.A.1 of 2022

                         This petition is filed to order stay of

                    operation of the decree and judgment in

                    MVOP.269 of 2018 on the file of Motor

                    Accidents Claims Tribunal-cum-I additional

                    District Judge, Kurnool, dated 06-07-2022

                    pending disposal of the appeal.          Learned

                    counsel for the appellant submitted that the

                    Tribunal    erred     in   granting   consortium,

                    though the deceased was a bachelor and

                    further submitted that the Tribunal has fixed

                    the income of the deceased on higher side

                    without there being any proof at all, and

                    thus, the quantum of compensation awarded

                                                                         Contd.,
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                                      M.A.C.M.A.No.433 of 2022

is much higher than the amount payable. He

further submitted that the Tribunal failed to

note that there was contributory negligence

of the deceased and thus, the amount of

compensation awarded is on higher side.

Thus, he submitted that there are merits in

the appeal and requested to pass interim

order.


      Since the adjudication of the appeal will

take considerable time and in the light of the

submissions made by the learned counsel for

the petitioner/appellant, interim order as

prayed for is granted on the condition that

the petitioners/appellants shall deposit 50%

of   the   amount   awarded    together   with

proportionate interest and costs within eight

(8) weeks from the date of this order and on

such deposit the respondents/claimants are

permitted to withdraw the same as per the award without furnishing any security. If the 3 M.A.C.M.A.No.433 of 2022 petitioner fails to comply the condition, interim order stands vacated.

_____________________ B.S.BHANUMATHI.J MACMA.433 of 2022 Learned counsel for the petitioners is permitted to take personal service of notice through RPAD to the respondents and file proof thereof.

Post the matter after two months.

_____________________ B.S.BHANUMATHI.J SAB 4 M.A.C.M.A.No.433 of 2022