Citation : 2021 Latest Caselaw 1007 AP
Judgement Date : 19 February, 2021
x IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: ° THE HONOURABLE MS JUSTICE J. UMA DEVI . IA No. 1 OF 2021 IN MACMA NO: 98 OF 2021 Between: Shriram General Insurance Company Ltd., Rep. by its Regional Manager, E-8, EPIP, RICO Industrial Area, Sitapura, Jaipur, Rajasthan. Holding its office at Vijayawada Rep, by its Manager. ..Appellant/Respondent No.3 AND 1. Kurra Thirupathamma, W/o. Late Nageswara Rao, Hindu, aged 26 years, Kancherla kotaiah street, Ranigarithota, Krishnalanka, Vijayawada-13. 2. Kurra Venkata Naresh, S/o. Late Nageswara Rao, Hindu, aged 3 years, (Being minor Rep, by Natural guardian mother 1° petitioner) Kancherla kotaiah st, Ranigarithota, Krishnalanka, Vijayawada-520 013. 3. Kurra Venkatamma, W/o. Bodaiah, Hindu, aged 70 years, Kancherla kotaiah street, Ranigarithota, Krishnalanka, Vijayawada-13. ...Respondents/Petitioners 4. Nakka Srinivasa Rao, S/o. Gopala Rao, Hindu, Aged 42 years, Driver, D.No. 4- 3/1-6/7, Anjaneya Peta, Vijayawada. 5. Boggu Jyothi, W/o. Ramana, Hindu, Aged 40 years, Driver, D.No.41-29/6-52, Ranigarithota, Vijayawada-520 013. ...Respondents/ Respondent No.1 & 2 Counsel for the Petitioners: D RAVI KIRAN Counsel for the Respondents: ---- Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the execution of decree and judgment dated 12.11.2020 passed in MVOP NO. 146 / 2016 on the file of Motor Accident claims Tribunal cum VII Additional District judge, Vijayawada, pending disposal of MACMA No. 98 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:
"Having regard to the averments made in the affidavit annexed to the petition and the submissions now made by the learned counsel for the petitioner, there shall be interim stay as prayed for subject to condition that the petitioner shall deposit 50% of its liability as determined in the award with proportionate interest and costs within a period of eight weeks from today.
If the above mentioned order is not complied with within the time specified above, the interim order granted now shall stand vacated automatically without any further reference to this Court." :
Sd/-Ch.V.Subramanya Sarma
ASSISTANT REGISTRAR ITTRUE COPYI/ SECTION OFFICER For,
To
4. The Motor Accident claims Tribunal cum VII Additional District judge, Vijayawada.
2. Kurra Thirupathamma, W/o. Late Nageswara Rao, Kancherla kotaiah street, Ranigarithota, Krishnalanka, Vijayawada-13.(for herself and his son Kurra Venkata Naresh, S/o. Late Nageswara Rao, who is Respondent No.2 being minor)
3 Kurra Venkatamma, W/o. Bodaiah, Kancherla kotaiah street, Ranigarithota, Krishnalanka, Vijayawada-13.
4. Nakka Srinivasa Rao, S/o. Gopala Rao, D.No. 4-3/1-6/7, Anjaneya Peta, Vijayawada.
5. Boggu Jyothi, W/o. Ramana, D.No.41-29/6-52, Ranigarithota, Vijayawada-520
013.( RR 2 to 5 By RPAD)
One CC to Sri. D Ravi Kiran Advocate [OPUC]
One spare copy
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pr
ae
." [HIGH COURT
JUDJ
DATED:19/02/2021
ORDER
IA No. 1 OF 2021 IN MACMA NO: 98 OF 2021
INTERIM STAY
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