Andhra Pradesh High Court - Amravati
Shriram General Insurance ... vs Veparalla Sujala 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: 1198 OF 2019 L
Between: Bog
Shriram General Insurance Company Limited, Rep. By its Manager, upstairs C/o. Gopal
Auto Stores, Maruthi Nagar, near RTC bus stand, Kadapa city and District. mo
..Petitioner/3™ Respondent_
AND
4. Veparalla Sujala, D/o. Veera Bhaskar Rao, aged about 34 years, Hindu, Junior
Plant Attendant (JPA) in R.T.P.P. Kalamalla, resident of D.No.21640 Sri Hari Rao
Street, Nagarajupeta of Kadapa city and District.
...Petitioner/ Claimant
2. Devireddy Sunanda, W/o. Sudhakar Reddy, aged about 30 years, Hindu, permit
holder of the Tipper bearing No. AP04-W-3195, resident of F357 RTPP,
Kalamalla village, Yerraguntla Mandal, Kadapa District.
3. P. Rajagopal Reddy, S/o. P. Krishna Reddy, aged about 35 years, Hindu, policy
holder of the Tipper bearing No. AP04-W-3195, resident of D.No. 2/199 Kapupalli
street, Mangampeta village, Obulavaripalli Mandal, Kadapa District.
4. Comali Narayana, S/o Narayanaswamy, aged about 54 years, Hindu, Driver of
the Tipper bearing No.AP04-W-3195, resident of D.No.4/444, Santhi Nagar,
Yerraguntia village and Mandal, Kadapa District
..Respondents/ Respondents --
Counsel for the Petitioner: SRI GUDI SRINIVASU ~
Counsel for the Respondents: G RAMESH BABU "
a" ~~
Petition under Order XL! Rule 5 & 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 and Judgment in M.V.O.P.No.372 of
2015 on the file of the Motor Accidents Claims Tribunal - cum- Principal District Judge,
Kadapa, Dated 18th day of May, 2019, pending disposal of MACMA No.1198 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 wiy 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).
The Court made the following
ORDER
"Heard. .
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 18.05.2019 in
M.V.O.P.No.372 of 2015 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
eight (8) weeks from the date of receipt of a copy of this order. ~
On such deposit being made by the petitioner/appellant, the respondent
No.1/claimant is permitted to withdraw the same as per her entitlement with
proportionate costs and with interest as mentioned in the Award.
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/-M.RameshBabu
ASSISFANT REGISTRAR
ITRUE COPY!// hee |
For SECTION OFFICER
To,
1. The Motor Accidents Claims Tribunal - cum- Principal District Judge, Kadapa.
2. Veparalla Sujala, D/o. Veera Bhaskar Rao, aged about 34 years, Hindu, Junior
Plant Attendant (JPA) in R.T.P.P. Kalamalla, resident of D.No.21640 Sri Hari Rao
Street, Nagarajupeta of Kadapa city and District.
3. Devireddy Sunanda, W/o. Sudhakar Reddy, aged about 30 years, Hindu, permit
holder of the Tipper bearing No. AP04-W-3195, resident of F357 RTPP,
Kalamalla village, Yerraguntla Mandal, Kadapa District.
4. P. Rajagopal Reddy, S/o. P. Krishna Reddy, aged about 35 years, Hindu, policy
holder of the Tipper bearing No. AP04-W-3195, resident of D.No. 2/199 Kapupalli
street, Mangampeta village, Obulavaripalli Mandal, Kadapa District.
5. Comali Narayana, S/o Narayanaswamy, aged about 54 years, Hindu, Driver of
the Tipper bearing No.AP04-W-3195, resident of D.No.4/444, Santhi Nagar,
Yerraguntla village and Mandal, Kadapa District (2 to 5 By RPAD)
6. One CC to SRI GUDI SRINIVASU, Advocate [OPUC] ~
7. One CC to SRI G RAMESH BABU Advocate [OPUC] -
8. One spare copy _~
SP
/ HIGH COURT
JUDJ
DATED: 02/02/2021
ORDER
1A No. 2 OF 2019
IN
MACMA NO: 1198 OF 2019
INTERIM STAY
ae
