Iffcotokio General Insurance ... vs Kamatham Rajanna
2021 Latest Caselaw 106 AP

Citation : 2021 Latest Caselaw 106 AP
Judgement Date : 7 January, 2021

Andhra Pradesh High Court - Amravati

Iffcotokio General Insurance ... vs Kamatham Rajanna on 7 January, 2021

Bench: J. Uma Devi

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE SEVENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVI

IA No. 1 OF 2021
IN
MACMA NO: 9 OF 2021

Between:
IFFCO-TOKIO General Insurance Company LTD, 8-1-8, 2nd Floor, near clock tower
above Sony world Show-room, S.D.Road, Secunderabad -500 003, Telangana State
...Petitioner/Appellant
AND
1. Kamatham Rajanna, S/o Nagaiah, aged 50 years, Kamathamvaripalli, h/o
Sanipaya village, Veeraballi Mandal, Kadapa District
...-Respondent/Claimant
2. Vepamanu Siva Kumar, S/o Sivaiah, aged 21 years, Hindu, Kommu
Harijanawada H/o Sanipayavillage, Veeraballi Mandal, Kadapa District.
3. Shaik Shabbir, S/o Imam Sab, 1/9 Boyapalli Street, Balireddigaripalli,
Gorlamudiveedu village, Rayachoty mandal, Kadapa District.
4. Royal Sundaram Alliance Insurance Company Limited, Beside Sri Durga Auto
Motives, Mahindra Dealers, Almaspet, Kadapa town - 516 001.
5. Golla @ Gurignjakunta Ashok Kumar, S/o Venkatappa Naidu, aged 23 years,
Kekaladoddipalli H/o Madithadu village, Tsundupalli Mandal, Kadapa District.
6. K. Hussen Valli, S/o Subhan, D.No.7/66, Balijapalli, Rajampeta Mandal, Kadapa
District.
..Respondents/Respondents
Counsel for the Petitioner: SRI GUDI SRINIVASU

Counsel for the Respondents: ---

Petition under Order XLI 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 all further proceedings pursuant to the Judgment and
Decree dated 15" day of November, 2019 passed in M.V.O.P. No. 28 of 2015 on the file
of Motor Accident Claims Tribunal - Cum-V Additional District Judge, Rayachoty,
including the execution proceedings, pending disposal of MACMA No.9 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 the date of 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."

Sd/-A.SURYA PRAKASA RAO

DEPUTY REGISTRAR

ITTRUE COPY! ;

SECTION OFFICER

To,

_ The Motor Accident Claims Tribunal - Cum-V Additional District Judge,

Rayachoty.

. Kamatham Rajanna, S/o Nagaiah, aged 50 years, Kamathamvaripalli, h/o

Sanipaya village, Veeraballi Mandal, Kadapa District

. Vepamanu Siva Kumar, S/o Sivaiah, aged 21 years, Hindu, Kommu

Harijanawada H/o Sanipayavillage, Veeraballi Mandal, Kadapa District.

. Shaik Shabbir, S/o Imam Sab, 1/9 Boyapalli Street, Balireddigaripalli,