Andhra Pradesh High Court - Amravati
Bharati Axa General Insurance ... vs B.Govindamma, on 9 February, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY @
:PRESENT: 5
THE HONOURABLE MS JUSTICE J. UMA DEVI
TA No. 1 OF 2021
IN.
MACMA NO: 78 OF 2021
Between:
Bharati AXA General Insurance Co.Ltd., Rep. by its General Manager, 1st floor: ;
Ferns Icon, Survey No.28, Next to Akme Ballet, Doddenakundi, Ring Road, Bangalore.
...Petitioner / Appellant
AND
1. B.Govindamma, W/o. Late B.Hanumanthu, Aged 58 years, Coolie, Hindu,
2. B.Sandhya Rani, W/o. Late B. Mohan, Aged 26 years, Coolie, Hindu,
3. B.Chaitanya, S/o. Late B. Mohan, Aged 5 yrs, Hindu,
4, B.Siddartha, S/o. Late B. Mohan, aged 3 yrs, Hindu,
(Petitioners No.3 and 4 being minors, Rep. by their Natural Guardian, next friend And
their mother Respondent No.2, All are residents of H.No.7-154A, Dupadu Virage, Kallur
Mandal, Kurnool District. )
5.R. Srinivasulu, S/o. Not Known, Major, Owner of the Vehicle, Hindu, R/o. H.No.29,
K.Markapuram Village, Kallur Mandal, Kurnoo! District.
...Respondents / Claimants
Petition under Order XLI -- Rule-5 & Section 151 CPC praying me in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay
of all further proceedings pursuant to the decree and Judgment dated 18th day of September,
2020 passed in M.V.O.P. No. 584 of 2017 on the file of Motor Accidents Claims Tribunal Cum
IV Additional District Judge, Kurnool, including execution proceedings, pending disposal of
MACMA No. 78 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri Gudi Srinivasu, Advocate for the
Appellant, 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
"Notice to Respondents.
Having regard to the averments made in the accompanying affidavit, there shall be
interim stay of execution of the decree and order, dated 18.09.2020,'in MVOP No.584 of
2017, on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District
Judge, Kurnool, subject to the condition that the appellant's Insuyance Company shall
deposit 50% of its liability as determined in the award with proportionate interest and
costs, within a period of 8 (eight) 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/- MSSURYANADHA REDDY
ASSISTANT REGISTRAR
HTRUE COPY// Ay /
For assiarane GISTRAR
1. The Chairman, Motor Accidents Claims Tribunal --Cum- Iv Additional District Judge,
Kurnool, A.P.
2. B.Govindamma, W/o. Late B.Hanumanthu, H.No.7-154A, Dupadu Virage, Kallur
Mandal, Kurnool District.
3. B.Sandhya Rani, W/o. Late B. Mohan, H.No.7-154A, Dupadu Virage, Kallur Mandal,
Kurnool District. (for herself and on behalf of R-3 & R-4 i.e. minors namely Sri
Chaitanya, S/o. Late B. Mohan and Sri B.Siddartha, S/o. Late B. Mohan, being their
natural guardian)
4, One CC to Sri Gudi Srinivasu, Advocate [OPUC]
5. One spare copy
To,
MSR
HIGH COURT
JUDJ
DATED: 09/02/2021
NOTE : POST AFTER SERVICE OF NOTICE.
ORDER
IA NO. 1 OF 2021
IN
MACMA.NO.78 OF 2021
CONDITIONAL INTERIM STAY
47 FEB 2021
