Andhra Pradesh High Court - Amravati
Shriram General Insurance ... vs Boddikonda Mahaboob Bee on 2 February, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SECOND DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVI
IA No. 2 OF 2019
IN
MACMA NO: 1214 OF 2019
Between: .
Shriram General Insurance Company Ltd, Opp. APSRTC Bus-Stand,
Kadapa, Rep. by its Manager. .
_ Petitioner/3 Respondent
(Appellant in MACMA 1214 OF 2019
on the file of High Court)
AND
4. Boddikonda Mahaboob Bee, W/o. Boddikonda Siddu Hussain,
2. Boddikonda Siddu Hussain, S/o. Boddikonda Naga Routhu,
Both are residing at 1/43, Dinnemeedapalle, Routhukunta, Sambepalli Mandal,
Rayachoty Taluk, YSR Kadapa Dist.
_..Respondents/Petitioners
3 Chintakunta Venkata Subba Reddy, S/o. Venkata Reddy, Driver of Tractor Trally
bearing No.AP 04-Y-1351, R/o. Peddaputha Village, Vallur Mandal, YSR Kadapa
District. A.P.
4. Madanapalli Venkataramana, S/o. V. Nagaiah, Owner of Tractor Tralley bearing
No. AP 04-Y-1351, Dudyala Vaddepalli, Sambepalli Mandal, YSR Kadapa
District .A.P.
__.Respondents/Respondents
(Respondents in-do-)
Counsel for the Petitioner :Sri Gudi Srinivasu
Counsel for the Respondents : -----
Petition under Order XLI-Rule 5 & under Section 151 CPC praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
grant stay of operation of the decree and Judgment in M,V.O.P.No.59 of 2017 on the file
of Motor Accident Claims Tribunal- cum- V Addl. District Judge, Rayachoty, Dated 14th
day of March, 2019, pending disposal of MACMA No. 1214 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:
Heard.
Learned counsel for petitioner submits that the claimants have
filed E.P for implementation of the Award in the lower court. If the
Award is executed, the purpose of filing of this appeal becomes
- infructuous.
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 14.03.2019 in M.V.O.P.No.59 of 2017 on the
file of the Motor Accidents Claims Tribunal-cum-V Additional District
Judge, Rayachoty, 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.
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. ,
SD/- G Sriniva
S Rey
_ ASSISTANT REG
. Y
ty
STRAR
TRUE COPYI/
For ASSISTANT REGISTRAR
To,
1. The Chairman, Motor Accident Claims Tribunal- cum- V Addl. District
Judge, Rayachoty, YSR Kadapa District
2. Boddikonda Mahaboob Bee, W/o. Boddikonda Siddu Hussain, R/o 1/43,
Dinnemeedapalle, Routhukunta, Sambepalli Mandal, Rayachoty Taluk, YSR
Kadapa District
3. Boddikonda Siddu Hussain, S/o. Boddikonda Naga Routhu, R/o 1/43,
Dinnemeedapalle, Routhukunta, Sambepalli Mandal, Rayachoty Taluk, YSR
. Kadapa District
4. Chintakunta Venkata Subba Reddy, S/o. Venkata Reddy, Driver of Tractor Trally
bearing No.AP 04-Y-1351, R/o. Peddaputha Village, Vallur Mandal, YSR Kadapa
District. A.P.
5. Madanapalli Venkataramana, S/o. V. Nagaiah, Owner of Tractor Tralley bearing
No. AP 04-Y-1351, Dudyala Vaddepalli, Sambepalli Mandal, YSR Kadapa
District A.P. (Addressee Nos 1 to 4 By RPAD)
6. One CC to Sri. Gudi Srinivasu Advocate [OPUC]
7. One spare copy
Skm
HIGH COURT
JUD,J
DATED:02/02/2021
ORDER
IA. No. 2 of 2019
IN
MACMA.No.1214 of 2019
DIRECTION
"y
