Andhra Pradesh High Court - Amravati
M/S.Shriram General Insurance ... vs Shri Tammineni Raminaidu on 7 January, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE EIGHTEENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE Ms. JUSTICE J. UMA DEVI
1A No. 2 OF 2021
IN
MACMA NO: 12 OF 2021 "ee
Between: Page
M/s. Shriram General Insurance Company Ltd., No.10003-E, 8, RIICO Industrial Area,
Sitapura, Jaipur, State of Rajasthan.
..Petitioner/Appellant
AND
4. Shri Tammineni Raminaidu, Son of late Adinarayana, Hindu, aged 55 years,
residing at Door No.39-18-40, Madhavadhara, Visakhapatnam-530 007.
2. Smt.Tammineni Kanakaratnam, Wife of Shri Raminaidu, Hindu, aged 50 years,
residing at Door No.39-18-49, Madhavadhara, Visakhapatnam -530 007.
3. Shri Tammineni Kamesh Kumar, Son of Shri Tammineni Raminaidu, Hindu, aged
30 years, residing at Door No.39-18-40, Madhavadhara, Visakhapatnam-530
007. (Amended as per the |.A.684/2015, dt.07-09-2016).
...Respondents/Claimants
4. Shri Adapa Venkateswara Rao, Son of Bhaskara Rao, Hindu, residing at
K.S.Vyas Complex, B-Block, Police Quarters, Labbipeta, Vijayawada.
5. Shri T.Swamulu, Son of Shri T.P.Ranga Rao, Driver, Ramannapeta, Guduru
Mandal, Krishna District. .
6. Shri Sivakoti Sankar @ Sankara Rao, S/o Narayana Rao, Driver-cum-owner of
the vehicle No.AP 31 BH 7627, Hindu, aged 28 years, residing at D.No.39-9-
19/3, T.Nagar, Muralinagar, Visakhapatnam.
7. Bajaj Allianz General Insurance Company Ltd., Represented by its Branch
Manager, Branch Office, Peejay Plaza, VIP Road, Visakhapatnam. (Amended as
per the | A.473/2018, dt.21-05-2018 and added respondents 4 and 5).
...Respondents
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 in support of the petition, the High Court may
be pleased to grant stay of operation of the decree and judgment passed in
M.V.O.P.No.1646 of 2012 on the file of Motor Accidents Claims Tribunal- cum- II Addl.
District Judge, Visakhapatnam, Dated 25" day of April, 2019, pending disposal of
MACMA No.12 of 2021, 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).
The Court made the following
ORDER
"Having regard to the averments made in the affidavit annexed to the
petition and the submissions now made by the learned counsel for the petitioner,
there shall be interim stay as prayed for subject to condition that the petitioner
shall deposit 50% of its liability as determined in the award with proportionate
interest and costs within a period of eight weeks from: receipt of copy of the
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 this Court."
To,
SP
9.
Sd/-M.Suryanadha Reddy
ASSISTAN REGISTRAR
ITTRUE COPYI/ Lae:
For ASSISTANT REGISTRAR
_ The Chairman, Motor Accidents Claims Tribunal- cum- || Addl. District Judge,
Visakhapatnam.
_ Shri Tammineni Raminaidu, Son of late Adinarayana, Hindu, aged 55 years,
residing at Door No.39-18-40, Madhavadhara, Visakhapatnam-530 007.
Smt.Tammineni Kanakaratnam, Wife of Shri Raminaidu, Hindu, aged 50 years,
residing at Door No.39-18-49, Madhavadhara, Visakhapatnam -530 007.
_ Shri Tammineni Kamesh Kumar, Son of Shri Tammineni Raminaidu, Hindu, aged
30 years, residing at Door No.39-18-40, Madhavadhara, Visakhapatnam-530
007. (Amended as per the 1.A.684/2015, dt.07-09-2016).
Shri Adapa Venkateswara Rao, Son of Bhaskara Rao, Hindu, residing at
K.S.Vyas Complex, B-Block, Police Quarters, Labbipeta, Vijayawada.
Shri T.Swamulu, Son of Shri T.P.Ranga Rao, Driver, Ramannapeta, Guduru
Mandal, Krishna District.
Shri Sivakoti Sankar @ Sankara Rao, S/o Narayana Rao, Driver-cum-owner of
the vehicle No.AP 31 BH 7627, Hindu, aged 28 years, residing at D.No.39-9-
19/3, T.Nagar, Muralinagar, Visakhapatnam.
The Branch Manager, Bajaj Allianz General Insurance Company Ltd., Branch
Office, Peejay Plaza, VIP Road, Visakhapatnam (2 to 8 By RPAD)
One CC to Sri Gudi Srinivasu, Advocate [OPUC]
10.One spare copy
HIGH COURT
JUDJ
DATED: 18/01/2021
ORDER
IA No. 2 OF 2021
IN
MACMA.No.12 of 2021
INTERIM STAY
# we aae men!
2G yee
