Andhra Pradesh High Court - Amravati
Shriram General Insurance ... vs Shaik Ghulshan on 1 February, 2021
Bench: J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI |
[2688]
MONDAY, THE FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVI
IA No. 2 OF 2019
IN
MACMA NO: 1209 OF 2019
Between:
Shriram General Insurance Company Limited, Rep. By its Branch Manager, Amaravathi
road, Beside Ala Hospital, Guntur Town and District (Policy No.10003/31/14/738959
and valid up to 20-3-2015, insurer of the crime vehicle bearing No. AP 078 TD 0464)
_..Petitioner/2™ Respondent
(Petitioner in MACMA 1209 OF 2019
on the file of High Court)
AND
4. Shaik Ghulshan, W/o late Meera Vali, aged about 33 years, Coolie (wife of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal
2 Shaik Ahmad Khasim, S/o Late Meera Vali, aged about 16 years, student (son of
the deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal
3. Shaik Nagur Shaida, S/o late Meera Vali, aged about 14 years, Student (son of
the deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal
4. Shaik Ramjan Bi, W/o Pedda Jhon, aged about 61 years, (Mother of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaraapet Mandal
5. Shaik Pedda Jhon, S/o Khasim Vali, aged about 65 years, (father of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaragpet Mandal.
Petitioners 2 and 3 are being minors rep. By their mother. as a natural guardian
by name Shaik Ghulshan (1§' petitioner),
Respondenis/Petitioners
6. Ganttasala Srinivasa Rao, S/o Anjaneyuluy, R/o D.No.10-10, Rupenaguntla
village, Nakarikallu mandal, Guntur District. (Owner of the crime vehicle bearing
No. AP 07 TD 0464)
7. Shaik Hussain Khadar, S/o Pedda Khasim, R/o Rupendaguntla village,
Nekarikallu Mandal, Guntur District. (Driver of the crime vehicle No. AP 07 TD
0464)
_.Respondents/Respondents
(Respondents in-do-)
Counsel for the Petitioner: SRI GUDI SRINIVASU
Petition under Order 173 (2) 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 the decree & judgment passed in
M.V.O.P.No.33 of 2015 on the file of M.A.C.T - cum -- XIll Addl. District Judge,
Narasaraopet, Dated 23" day of July, 2018, pending disposal of MACMA No. 1209 of
2019, 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).
ORDER:
"Having regard to the averments made in the accompanying affidavit and
the submissions now made on behalf of the petitioner/appellant, there shall be
interim stay of execution of the Order and Decree, dated 23.07.2018 in
M.V.O.P.No.33 of 2015 on the file of the Motor Accidents Claims Tribunal-cum-xlll
Additional District Judge at Narasaraopet, 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
eight (8) weeks from the date of receipt of a copy of this order.
é
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".
To,
CON
SD/-T.MADHAVI
ASSISTANT REGISTRAR
(TRUE COPYI/ 3 5,
For ASSISTANT REGISTRAR
The M.A.C.T - cum -- XIll Addl. District Judge, Narasaraopet, Guntur District
Shaik Ghulshan, W/o late Meera Vali, aged about 33 years, Coolie (wife of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal
(Respondent No.2 and 3 are being minors rep by their mother as natural
guardian i.e., 1° respondent)
Shaik Ramjan Bi, W/o Pedda Jhon, aged about 61 years, (Mother of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal
Shaik Pedda Jhon, S/o Khasim Vali, aged about 65 years, (father of the
deceased), resident of D.No.2-132, Ikkurru village, Narasaraopet Mandal.
Ganttasala Srinivasa Rao, S/o Anjaneyuluy, R/o D.No.10-10, Rupenaguntla
village, Nakarikallu mandal, Guntur District. (Owner of the crime vehicle bearing
No. AP 07 TD 0464)
Shaik Hussain Khadar, S/o Pedda Khasim, R/o Rupendaguntla' village,
Nekarikallu Mandal, Guntur District. (Driver of the crime vehicle No. AP 07 TD
0464) (Addresses 2 to 6 by RPAD)
One CC to SRI GUDI SRINIVASU Advocate [OPUC]
One spare copy
HIGH COURT
JUDJ
DATED:01/02/2021
ORDER
IA.NO.2 OF 2019
IN
MACMA.No.1209 of 2019
INTERIM STAY
