Andhra Pradesh High Court - Amravati
Bharathi Axa General Insurance ... vs Sanepalli Sanayapalli Baya Reddy on 23 February, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE -
:PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVI
IA No. 1 OF 2021
IN
MACMA NO: 121 OF 2021
Between:
Bharathi AXA General Insurance Company Ltd.,, Represented by its Manager, l1sT
Floor, The Ferns Icon, Survey no.28, Doddanekundi, Bangalore-560 037.
..Appellant/Petitioner
AND
1. Sanepalli @ Sanayapalli Baya Reddy, S/o Gangi Reddy, Aged- 55 years, Hindu, Occ-
Cultivation, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.
2. Sanepalli @ Sanayapalli Vankata Subbamma, S/o S.Baya Reddy, Aged- 50 years, Hindu,
Occ- House wife, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.
3. Sanepalli @ Sanayapalli Lalithamma, S/o S.Baya Reddy, Aged- 24 years, Hindu, Occ-
un-married, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.
4. Sulam Chinna Subbarayudu, S/o Ramaiah, Aged- Not known but Major, Hindu, Owner
of the Tractor and Trailer bearing no.AP 04 AU 8372 and 8373, R/o- 5/57, Settivaripalli,
Paidikalva, Valluru Mandal, Kadapa District-516 293.
5. Danduboina Venkata Subbaiah, S/o Subbarayudu, Aged- 26 Years, Hindu, Driver of the
Tractor and Trailer bearing no.AP 04 AU 8372 and 8373, R/o- Galivaripalli Village,
Valluru Mandal, Kadapa District-516 293.
...Respondents/Respondents
Counsel for the Petitioner : HARINATH REDDY SOMA
Counsel for the Respondent
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 grant stay of operation of
decree and judgment dated 17-09-2020 in M.V.O.P.No.290 of 2018 on the Motor Accident
Claims Tribunal-cum-IV Additional District Judge, at Kadapa, pending disposal of the main
M.A.C.M.A. No. 121 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of HARINATH REDDY SOMA Advocate for
the Appellant and 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).
ORDER
"Notice to Respondents.
Having regard to the averments made in the accompanying affidavit, there shall be
interim stay of execution of the decree and order, dated 17.09.2020, in MVOP No.290 of
2018, on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District
Judge, Kadapa, subject to the condition that the petitioner's/appellant's Insurance
Company shall deposit 50% of its liability as determined in the award with proportionate
interest and costs, within a period of 8 (eight) weeks from the date of receipt of a copy of
this order.
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 the court."
0) sat f
Sd/-T.Madhavi /
/ ASSIS a
/ITRUE COPY// We ISTRAR
SECTION OFFICER
For ._.
To,
oN
MSR
The Motor Accident Claims Tribunal-cum-IV Additional District Judge, at Kadapa
Sanepalli @ Sanayapalli Baya Reddy, S/o Gangi Reddy, Aged- 55 years, Hindu, Occ-
Cultivation, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.( By
RPAD)
Sanepalli @ Sanayapalli Vankata Subbamma, S/o S.Baya Reddy, Aged- 50 years, Hindu,
Occ- House wife, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.(
By RPAD)
Sanepalli @ Sanayapalli Lalithamma, S/o S.Baya Reddy, Aged- 24 years, Hindu, Oce-
un-married, R/o- Seethoripalli Village, Valluru Mandal, Kadapa District-516 293.( By
RPAD)
Sulam Chinna Subbarayudu, S/o Ramaiah, Aged- Not known but Major, Hindu, Owner
of the Tractor and Trailer bearing no.AP 04 AU 8372 and 8373, R/o- 5/57, Settivaripalli,
Paidikalva, Valluru Mandal, Kadapa District-516 293.( By RPAD)
Danduboina Venkata Subbaiah, S/o Subbarayudu, Aged- 26 Years, Hindu, Driver of the
Tractor and Trailer bearing no.AP 04 AU 8372 and 8373, R/o- Galivaripalli Village,
Valluru Mandal, Kadapa District-516 293.( By RPAD)
One CC to SRI. HARINATH REDDY SOMA Advocate [OPUC]
One spare copy
HIGH COURT
JUDJ
~ DATED:23/02/2021
NOTE: POST AFTER SERVICE OF NOTICE
ORDER
IA NO. 1 OF 2021
IN
MACMA. NO. 121 OF 2021
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