Hdfc Ergo General Insurance ... vs Avireddy Adinarayana,
2021 Latest Caselaw 145 AP

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2
MONDAY, THE EIGHTEENTH DAY OF JANUARY,

TWO THOUSAND AND TWENTY ONE i

: PRESENT: t

THE HONOURABLE Ms. JUSTICE J. UMA DEVI i

IA No. 1 OF 2021
IN
MACMA NO: 14 OF 2021
Between:
HDFC ERGO General Insurance Company Limited, C/o HDFC Standard Life Insurance
Corporation Limited, Represented by its Manager, Dwarakanagar, Visakhapatnam 530
016.

...Petitioner/Appellant
AND

1. Avireddy Adinarayana, S/o Venkata Ramayya, Hindu, aged 57 years, residing at
D.No.44-37-24/2, Srinivasa Nagar, Akkayyapalem, Visakhapatnam 530016.

2. Avireddy Krishna Veni, W/o Adinarayana, Hindu, aged 49 years, House wife,

~~" residing at D.Nof4-37-24/2, Srinivasa Nagar, Akkayyapalem, Visakhapatnam
530016.
...Respondents/Claimants

3. Bodapati Venkata Reddy, S/o Sambareddy, Hindu, aged 64 years, residing at
Purlakunta Village, Narayanapuram Mandal, Nalgonda District. (Driver of lorry
bearing registration no.AP 24 X 3679)

4. KJanardhan Reddy, S/o. Butchi Reddy, Hindu, Major, Owner of lorry bearing
registration No.AP 24 X 3679, residing at Aregudem, Chityada, Nalgonda District,
Andhra Pradesh.

5. The New India Assurance Company Limited, represented by its Manager,
Regional Office, 2" floor, Pavan Paradise, Opp.Pollock School, Dwarakanagar,
Visakhapatnam.

6. Veeramalla Nani, S/o Kanaka Raju, Hindu, aged 26 years, residing at H.No.45-
47-56, Madeti Gardens, Akkayyapalem, Visakhapatnam 530 016. (Driver of
Scorpio bearing registration No.AP 31 AJ 9402)

7. K.Varahalamma, W/o Tata Rao, Major, Owner of the Scorpio bearing registration
No.AP 31 AJ 9402), R/at D.No.3-176, Adarsha Nagar, Visakhapatnam.

...Respondents/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 all further proceedings pursuant to the Judgment and
Decree dated 05" day of August, 2020 passed in M.V.O.P No.755 of 2017 on the file of
Motor Accident Claims Tribunal cum Principal District Sessions Judge, Visakhapatnam,
including execution proceedings, pending disposal of MACMA No. 14 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 25% of its liability as determined in the award with proportionate

THe,

~ 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."

Sd/-M.Suryanadha Reddy

ASSISTANT REGISTRAR IITRUE COPY// --

SECTION OFFICER

To, Hower"

1. The , Motor Accident Claims Tribunal cum Principal District Sessions Judge, Visakhapatnam.

2. Avireddy Adinarayana, S/o Venkata Ramayya, Hindu, aged 57 years, residing at D.No.44-37-24/2, Srinivasa Nagar, Akkayyapalem, Visakhapatnam 530016.

3. Avireddy Krishna Veni, W/o Adinarayana, Hindu, aged 49 years, House wife, residing at D.NoA4-37-24/2, Srinivasa Nagar, Akkayyapalem, Visakhapatnam 530016.

4. Bodapati Venkata Reddy, S/o Sambareddy, Hindu, aged 64 years, residing at Purlakunta Village, Narayanapuram Mandal, Nalgonda District. (Driver of lorry bearing registration no.AP 24 X 3679)

5. K.Janardhan Reddy, S/o. Butchi Reddy, Hindu, Major, Owner of lorry bearing registration No.AP 24 X 3679, residing at Aregudem, Chityada, Nalgonda District, Andhra Pradesh.

6. The New India Assurance Company Limited, represented by its Manager, Regional Office, 2"9 floor, Pavan Paradise, Opp.Pollock School, Dwarakanagar, Visakhapatnam.

7. Veeramalla Nani, S/o Kanaka Raju, Hindu, aged 26 years, residing at H.No.45- 47-56, Madeti Gardens, Akkayyapalem, Visakhapatnam 530 016. (Driver of Scorpio bearing registration No.AP 31 AJ 9402)

8. K.Varahalamma, W/o Tata Rao, Major, Owner of the Scorpio bearing registration No.AP 31 AJ 9402), R/at D.No.3-176, Adarsha Nagar, Visakhapatnam. (2 to 8 By RPAD)

9. One CC to Sri Gudi Srinivasu, Advocate [OPUC]

10.One spare copy

SP

HIGH COURT

JUDJ

DATED: 18/01/2021

ORDER IA No. 1 OF 2021

IN MACMA.No.14 of 2021

INTERIM STAY

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