Andhra Pradesh High Court - Amravati
Shriram General Insurance ... vs Vadlamuri Rajyalakshmi ... on 4 February, 2021
Bench: U.Durga Prasad Rao, J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE FOURTH DAY OF MARCH, TWO THOUSAND AND TWENTY
ONE
: PRESENT : en
THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO
AND -
THE HONOURABLE MS JUSTICE J. UMA DEVI
1.A.No. 1 of 2021 ~~
And -
I.A.No. 1 of 2019 ~
IN 2
M.A.C.M.A.No. 1152 of 2019
1.A.No. 1 of 2019 :-
Between :-
Shriram General Insurance Company Limited, Represented by its Branch
Manager, Branch office opposite RTC Bustand, Kadapa City.
...Appellant/2"? Respondent
(Petitioner in MACMA.No. 1152 of 2019
On the file of High Court)
AND
1. Vadlamuri Rajyalakshmi @ Rajyalakshmi, Wife of Late Vadlamuri Ramesh
Kullai Naidu
2. Vadlamuri Navya Sree Naidu, Daughter of Late Vadlamuri Ramesh Kullai
Naidu, Aged about 6 years, (Minor).
. Vadlamuri Kullai Naidu, Son of Vadlamuri Siddaiah.
4. Vadlamuri Lakshmi Devi, Wife of V. Kullai Naidu,
Ww
Petitioner No.2 is being Minor represented by her mother and next friend
natural guardian petitioner No.1.
All are Resident of D.No.4/21, Nallapureddipalli, Ambavaram Post,
Valtur Mandal, Kadapa District.
...Respondents/Petitioners
5. Kancharla Naga Malleswara Rao, Son of Haribanu, owner of Eicher Van,
Resident of D.No.2-101, 184, Goillapalli Village & Post, Yadamarri
Mandal, Chittoor District.
6. Kancharla Kanaka Durga Prasad, Son of Haribabu, Driver of Eicher Van,
Resident of D.No.2-101, 184 184, Gollapalli Village & Post, Yadamarri
Mandal, Chittoor District.
...Respondents
(Respondents in -do-)
Appeal under Order 173(2) & 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.575. of 2015 on the file of the Motor Accidents Claims Tribunal-
cum-Judge, Family Court-Cum-VI Additional District Judge, Kadapa, Dated 25"
day of June., 2019, pending disposal of MACMA 1152 of 2019, on the file of the
High Court.
MA.CMA.MP. No. 1 of 2021 :-
Between :-
1.Vadlamuri Rajyalakshmi @ Rajyalakshmi, Wife of Late Vadlamuri Ramesh
Kullai Naidu
2.Vadlamuri Navya Sree Naidu, Daughter of Late Vadlamuri Ramesh Kullai
Naidu, Aged about 6 years, (Minor), represented by her Mother and next
Friend natural guardian, Petitioner No.1
3.Vadlamuri Kullai Naidu, Son of Vadlamuri Siddaiah.
4,Vadlamuri Lakshmi Devi, Wife of V. Kullai Naidu,
..Petitioners/Respondent Nos. 1 to 4
in |.A.No. 1 of 2019 & MA.CMA.No. 1152 of 2019.
Contd.2...
2
AND
1.Shriram General Insurance Company Limited, Represented by its
Branch Manager, Branch Office, Opposite : RTC Bus Stand, Kadapa City.
..Respondent/Appellant
2.Kancharla Naga Malleswara Rao, Son of Haribanu, owner of Eicher Van,
Resident of D.No.2-101, 184, Gollapalli Village & Post, Yadamarri Mandal,
Chittoor District.
3.Kancharla Kanaka Durga Prasad, Son of Haribabu, Driver of Eicher Van,
Resident of D.No.2-101, 184 184, Gollapalli Village & Post,
Yadamarri Mandal, Chittoor District.
...Respondents/
Petitioner & Respondents 5 & 6 in -do-
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed therewith, the High Court may be pleased to
permit to withdraw the 50% of the deposited amount as per orders passed in
MACMA.IA.No. 1 of 2019 in MACMA.NO. 1152 of 2019 by order dt. 08-11-2019.
These petitions coming on for hearing, upon perusing the petition and
counter affidavit filed therein, interim order of the High Court dated 08-11-
2019 and =made in I.A.No. 1 of 2019, and upon hearing the arguments of
Sri Gudi Srinivasu, Advocate for Petitioner in |.A.No. 1 of 2019 and Respondent
No. 1 in l.A.No. 1 of 2021 and of Sri Eluru Sesha Mahesh Babu, Advocate for the
Respondent Nos. 1 to 4 in I.A.No. 1 of 2019 and Petitioners in |.A.No. 1 of
2021, the Court made the following ORDER :-
"While interim stay granted by this Court on 08.11.2019 in IA No.1 of
2019 is made absolute, Respondents 1, 3 and 4 in the appeal are permitted
to withdraw their respective compensation amounts in proportionate to
their share from out of the amount deposited by the appellant. The share
of the minor-2™4 respondent shall be kept in fixed deposit till she attains
majority.
Accordingly, IA is allowed."
Sd/- P.V. RAMANA,
DEPUTY REGISTRAR
// TRUE COPY //
To
1.The Chairman, Motor Accident Claims Tribunal-cum-Judge, Family Court
-cum-VI Additional District Judge, Kadpa.
2.One CC to Sri Eluru Sesha Mahesh Babu, Advocate(OPUC).
3.One CC to Sri Gudi Srinivasu, Advocate(OPUC).
4.Two spare copies.
TKK
ral
HIGH COURT
UDPR.J & JUD.J
DATE: 04-02-2021.
ORDER
|.A.No. 1 of 2021
AND
|.A.No. 1 of 2019
IN
MA.CMA.No. 1152 of 2019
DIRECTION.
a)
