Andhra Pradesh High Court - Amravati
Sriram General Insurance vs Gollapalli Suryavathi on 2 February, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SECOND DAY OF FEBRUARY, he
TWO THOUSAND AND TWENTY ONE fie
'PRESENT: Hes
THE HONOURABLE MS JUSTICE J. UMA DEVI WY
IA No. 2 OF 2019 YS
IN
MACMA NO: 1041 OF 2019
Between:
Sriram General Insurance, rep., by its Divisional Manager, Kurnool.
...Petitioner/Appellant
(Appellant in MACMA 1041 OF 2019
on the file of High Court)
AND
1. Smt. Gollapalli Suryavathi, W/o. Late Satyanarayana, R/o. Sangeetharaopeta,
Samalkot.
2. Smt. Muppana Satyaveni, W/o Sreenu, D/o. Late Gollapalli Satyanarayana, R/o.
D.No.8-5-5, Sangeetharaopeta, Samalkot.
... Respondents/Petitioners
3. Boya Ganesh, S/o. Devanna, Driver of Scorpio Car bearing No. AP 21 AS 6789,
R/o. D.no.1/1574, Gandhinagar, Yemmiganur Town, Kurnool District
4. Sri. Erigineni Venkateswarlu, S /o. Venkataiah, Owner of Scorpio Car bearing
No. AP 21 AS 6789, R/o. D.No.1/ 1574, Gandhinagar, Yernmiganur Town,
Kurnool District.
...Respondents/Respondents
(Respondents in-do-)
Counsel for the Petitioner : Sri P Bhaskara Narasimha Murty
Counsel for the Respondents:----
Petition under Section 173(2) R/w 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.262 of 2016 on the file of the
Motor Vehicle Accident Claims Tribunal - Cum - Ill Addl., District Judge, Kakinada,
Dated 18th day of March, 2019, pending disposal of MACMA No. 1041 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 the submissions made by the learned counsel for petitioner
and learned counsel for respondent Nos.1 and 2.
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 18.03.2019 in M.V.O.P.No.262 of 2016 on the
file of the Motor Accidents Claims Tribunal-cum-III Additional District
Judge, Kakinada 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
respondents/claimants are permitted to withdraw the same as per
7 their entitlement with proportionate costs and with interest as
mentioned in the Award.
fo 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.Suryanadha Reddy
ASSISTANT REGISTRAR
I'TRUE COPY//
° For. _SECTIO OFFICER
1. The Chairman, Motor Vehicle Accident Claims Tribunal - Cum - Ill Addi.,
District Judge, Kakinada, E.G. District
2. Smt. Gollapalli Suryavathi, W/o. Late Satyanarayana, R/o. Sangeetharaopeta,
Samalkot.
3. Smt. Muppana Satyaveni, W/o Sreenu, D/o. Late Gollapalli Satyanarayana, R/o.
D.No.8-5-5, Sangeetharaopeta, Samalkot.
4. Boya Ganesh, S/o. Devanna, Driver of Scorpio Car bearing No. AP 21 AS 6789,
R/o. D.no.1/1574, Gandhinagar, Yemmiganur Town, Kurnool District
To,
Kurnool District. ( Addressee Nos 2 to 5 By RPAD)
One CC to Sri. P Bhaskara Narasimha Murty Advocate [OPUC]
One spare copy
NO
Skm
HIGH COURT
JUD,J
DATED:02/02/2021
ORDER
IA. No. 2 of 2019
IN
MACMA.No.1041 of 2019
DIRECTION
+ = QFE 2021
