Andhra Pradesh High Court - Amravati
M/S. National Insurance Company ... vs Smt. Konapuram Baby, on 22 February, 2021
Bench: J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY SECOND DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVI
|.A.No. 1 of 2021
IN
MACMA.No. 92 of 2021
Between:-
M/s. National Insurance Company Limited, Rep. by its Branch Manager,
G.N. Mada Street, Tirupathi..
_.Petitioner/2™ Respondent
(Appellant in MACMA.No. 92/2021
on the file of the High Court)
AND
1.Smt Konapuram Baby, W/o. Late Konapuram Sudhakar, Housewife,
2.Konapuram Spandana (Minor), D/o. Late Konapuram Sudhakar,
aged about 9 years,
3.Konapuram Manasri (Minor), D/o. Late Konapuram Sudhakar,
aged about 7 years,
4,Konapuram Krishnaiah, S/o. Late Konapuram Sudhakar,
5.Konapuram Jayamma, W/o. Konapuram Krishnaiah, Housewife,
(All are permanent residents of Kondala Thurpu Village, Sundupalli Mandal,
Y.S.R. Kadapa District and now residig at Door No. 4-12, Tharakarama Nagar,
Staff Quarters, Peruru Grama Panchayath, Tirupati Rural Mandal,
Chittoor District).
..Respondents/Petitioners.
6.Shaik Bajan Care of C. Rajesh, Residing at Door No. 1 - 896,
Bandla Vanka, Tirupati Road, Piler, Chittoor District.
7.P. Subramanyam, $/o. Yellaiah, Driver of APSRTC Bus, Piler.
8.The Andhra Pradesh State Road Transport Corporation, Rep. by its
Managing Director, RTC Cross Roads, Vijayawada, Krishna District.
..Respondents
(Respondents in -do-)
COUNSEL FOR PETITIONER : Sri N. Rama Krishna
COUNSEL FOR RESPONDENTS
Petition under Order 41 Rule 5 of CPC praying that in the circumstances
stated in the affidavit filed herein, the High Court may be pleased to stay the
execution of the decree and Judgment in M.V.O.P.No. 344 of 2015 on the file
of Motor Accident Claims Tribunal-cum-Ill Additional District Judge, Tirupathi,
dated 24*" day of March, 2020 pending disposal of MACMA.No. 92 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 petition 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).
Contd....2...
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."
fi
Sd/-M.RameshBabu
ASSISTANT REGISTRAR
Cin
// TRUECOPY // = SECTION OFFICER
for :
To
1.The Chairman, Motor Accidents Claims Tribunal-cum-Ill Additionat--
District Judge, Tirupathi, Chittoor District.
2.Smt Konapuram Baby, W/o. Late Konapuram Sudhakar, Housewife,
Now residing at Door No. 4-12, Tharakarama Nagar,
Staff Quarters, Peruru Grama Panchayath, Tirupati Rural Mandal,
Chittoor District.
(for herself and being Mother/guardian for minor respondent Nos.2 and 3
namely Konapuram Spandana and Konapuram Manasri)
3.Konapuram Krishnaiah, S/o. Late Konapuram Sudhakar,
Now residing at Door No. 4-12, Tharakarama Nagar,
Staff Quarters, Peruru Grama Panchayath, Tirupati Rural Mandal,
Chittoor District.
4,Konapuram Jayamma, W/o. Konapuram Krishnaiah, Housewife,
Now residing at Door No. 4-12, Tharakarama Nagar,
Staff Quarters, Peruru Grama Panchayath, Tirupati Rural Mandal,
Chittoor District.
59.Shaik Bajan Care of C. Rajesh, Residing at Door No. 1 - 896,
Bandla Vanka, Tirupati Road, Piler, Chittoor District.
6.P. Subramanyam, S/o. Yellaiah, Driver of APSRTC Bus, Piler,
Chittoor District. ,
7.The Andhra Pradesh State Road Transport Corporation, Rep. by its
Managing Director, RTC Cross Roads, Vijayawada, Krishna District. -
(Addressee Nos. 2 to 7 by RPAD)
8.One CC to Sri N. Rama Krishna, Advocate(OPUC)
9.One spare copy. "
TKK
HIGH COURT
JUD.J
DATED: 22-02-2021.
ORDER
|.A.No. 1 of 2021
IN
MACMA.No. 92 of 2021
INTERIM STAY
