Citation : 2021 Latest Caselaw 1089 AP
Judgement Date : 23 February, 2021
[ 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: 122 OF 2021 Between: a Shriram General Insurance Company Ltd., Rep. by its Manager Legal, Opp APSRTC Bus stand Road, Kadapa. Holding its office at Vijayawada Rep, by its Manager. ..Appellant/Respondent No. 2 AND Ormilla Rawat, W/o. Late Girrag Meena, Hindu, Aged 36 years, House wife, Sangita Meena , D/o. Late Girrag Meena, Hindu, Aged 17 years, Minor, Vikas Rawat , S/o. Late Girrag Meena, Hindu, Aged 16 years, Minor, Veerta Rawat, S/o. Late Girrag Meena, Hindu, Aged 13 years, Minor, (Petitioners 2 to 4 being minors Rep, by their natural Guardian mother- 1st petitioner herein. 5. Rampati Rawat , W/o. Late Dooja Meena, Hindu, Aged 68 years, House wife, All are Residing at D.No.2/1001, Nagarjuna peta, Kadapa district. PWN ...Respondents/Petitioners 6. Jaggaraju Sudhakar raju, S/o. Chinna Subbaraju, Owner of Lorry NO. AP 04 TX 0584, Kothakoruvaguntapalli village, Govindampalli post, Obulavaripalli mandal, Kadapa district. 7. Ramkesh Ravath, S/o. Kamloo Ravath, Aged 27 years, Lorry driver, Kishore garh pure, Manpoot village, Sabaigarh talug, Morena Dist, Madhya Pradesh state. ...Respondents/Respondent No. 1 & 3 . Counsel for the Petitioner :D RAVI KIRAN 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 stay the execution of decree and judgment dated 18.03.2020 passed in MVOP NO. 301 of 2018 on the file of Motor Accident claims Tribunal cum Principal District judge, Kadapa pending disposal of Appeal, pending disposal of MACMA No. 122 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 Sri D. Ravi Kiran, Advocate for the Appellant, 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 18.03.2020, in MVOP No.301 of 2018, on the file of the Motor Accidents Claims Tribunal-cum-Principal 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." pe NM UK
_ $d/-Ch.V.Subramanya Sarm ASSISTANTESIETRA ° /[TRUE COPY// . SECTION OFFICER .
For ASSISTANT REGISTRAR
To,
mom
MSR
The Motor Accident claims Tribunal cum Principal District judge, Kadapa.
Smt. Ormilla Rawat, W/o. Late Girrag Meena, Hindu, Aged 36 years, House wife, Residing at D.No.2/1001, Nagarjuna peta, Kadapa District, A.P.
(By RPAD- for herself and on behalf of R-2, R-3, R-4, i.e. Ms. Sangita Meena, D/o. Late Girrag Sri Meena, Vikas Rawat , S/o. Late Girrag Meena and Sri Veerta Rawat, S/o. Late Girrag Meena, being their mother/natural guardian)
Smt. Rampati Rawat, W/o. Late Dooja Meena, Hindu, Aged 68 years, House wife, All are Residing at D.No.2/1001, Nagarjuna peta, Kadapa district. (By RPAD)
Sri Jaggaraju Sudhakar raju, S/o. Chinna Subbaraju, Kothakoruvaguntapalli village, Govindampalli Post, Obulavaripalli Mandal, Kadapa District.( By RPAD)
Sri Ramkesh Ravath, S/o. Kamloo Ravath, Kishore garh pure, Manpoor village, Sabaigarh talug, Morena Dist, Madhya Pradesh state.( By RPAD)
One CC to SRI. D RAVI KIRAN Advocate [OPUC]
One spare copy
a
HIGH COURT
JUDJ
DATED:23/02/2021
ORDER
IA NO. 1 OF 2021 IN | MACMA.NO.122 OF 2021
INTERIM STAY
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