Andhra Pradesh High Court - Amravati
M/S. Icici Lombard General ... vs Boya Ongumari Anjanamma, on 6 January, 2021
Bench: J. Uma Devi
[ 2688 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE SIXTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
-PRESENT:
THE HONOURABLE MS JUSTICE J. UMA DEVE
IA No. 1 OF 2021
IN
MACMA NO: 5 OF 2021
Between: ees
M/s. ICICL Lombard General Insurance Company Ltd., Rep. by its Branch
Manager, U-Con.Plaza, Kurnool City and District.
...Petitioner
(Petitioner in MACMA 5 OF 2021
on the file of High Court)
AND
1. Boya Ongumari Anjanamma, W/o. Late Boya Ongumari Giri, Aged about
20 years, Hindu, Housewife, now residing in Varfkur village, Kodumur
Mandal, Kurnool District.
2. Boya Ongumari Venateswarlu, S/o. Late Boya Giddaiah, Aged about 50
years, Hindu coolie,
3. Boya Ongumari Rangamma, W/o. Venkateswarlu, Aged about 47 years,
Both are of Venkatagiri Village, Kodumur Mandal, Kurnool District.
4. Boya Ongumari Giri Babu, S/o. Late Boya Ongumari Giri, Aged about 4
years, Varkur Village, Kodumur Mandal, Kurnool District, Rep. by his
mother and Natural guardian, 1st petitioner Boya Ongumari Anjanamma.
...Respondents/Claimants
5. N.Parameswara Reddy, S/o. N.Rami Reddy, Major, Owner of Tractor
Trailer bearing No.AP 21 TW 2900 and AP 21 TW 2901, R/o. Venkatagiri
Village, Kodumur Mandal, Kurnool District.
6. Boya Mallikarjuna, S/o. Lakshmanna, Aged 30 years, Driver of Tractor
trailor, Bearing No.AP 21 TW 2900 and AP 21 TW 2901, Venkata Giri
Village, Kodmur Mandal, Kurnool District.
...Respondents/Respondents
(Respondents in-do-)
Counsel! for the Petitioner : SRI GUDI SRINIVASU
Petition under Order XLI Rule -- 5 & Under Section 151 of C.P.C 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 decree and judgment dated 27" day of December, 2019 passed in M.V.O.P
No.382 of 2014 on the file of the Motor Accidents Claims Tribunal -- cum -- IV-
Additional District Judge, Kurnool, including execution proceedings, pending
disposal of MACMA No. 5 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).
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 htat
the petitioner shall deposit 50% of list liability as determined in the award
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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 Praka Rao
DEPUTY REGISTRAR
IITRUE COPY!! SECTION OFFICER
F
To,
4. The Chaiman, Motor Accidents Claims Tribunal -- cum -- \V- Additional
District Judge, Kurnool
2. Boya Ongumari Anjanamma, W/o. Late Boya Ongumari Giri, now residing
in Varfkur village, Kodumur Mandal, Kurnool District.(for herself and on
behalf of respondent No.4 i.e., Boya Ongumari Giri Babu, S/o. Late Boya
Ongumari Giri being minor)
3. Boya Ongumari Venateswarlu, S/o. Late Boya Giddaiah, Venkatagiri
Village, Kodumur Mandal, Kurnool District.
4. Boya Ongumari Rangamma, Wio. Venkateswarlu, Venkatagiri Village,
Kodumur Mandal, Kurnool District.
5 N.Parameswara Reddy, S/o. N.Rami Reddy, Owner of Tractor Trailer
bearing No.AP 21 TW 2900 and AP 21 TW 2901, R/o. Venkatagiri Village,
Kodumur Mandal, Kurnool District.
6. Boya Mallikarjuna, S/o. Lakshmanna, Driver of Tractor trailor, Bearing
No.AP 21 TW 2900 and AP 21 TW 2901, Venkata Giri Village, Kodmur
Mandal, Kurnool District. (Addresses 2 to 5 By RPAD)
One CC to Sri. Gudi Srinivasu, Advocate [OPUC]
One spare copy
co N
MM
HIGH COURT
JUDJ
DATED:06/01/2021
ORDER
1A No. 1 OF 2021
IN
MACMA NO: 5 OF 2021
INTERIM DIRECTION
