Citation : 2021 Latest Caselaw 285 AP
Judgement Date : 21 January, 2021
[3148] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO f: AND THE HONOURABLE MS JUSTICE J. UMA DEVI IA No. 1 OF 2021 IN MACMA NO: 44 OF 2021 Between: Universal Sompo General Insurance Co Ltd, Rep.by its Divisional Manager, #39-10-19, 2"° Floor, Veterinary Hospital Road, Opp.ACP Office, Labbipet, Vijayawada, Vijayawada JCJC (Cover Note Number: USGIA/2015243577, Valid from 13.12.2015 to 12.12.2016) (Insurer of lorry bearing No.AP 21V 8322) ...Petitioner/ ace elt Appellant (Petitioner in MACMA 44 OF 2021 on the file of High Court) AND' 1. Gorantla Parameswari @ Pasupuleti Parameswari, W/o.Gorantla Sambasiva Rao, D/o.Pasupuleti Brahmaiah, aged about 27 years, Housewife, C/o.Charmavarapu Siva Nageswara Rao, Chinapalakaluru Village, Guntur Mandal and District/ (Wife of deceased) 2. Noorulla Khan Phatan, S/o.Roshan Kham, R/o Door No.4-5-305, Dnarmapuram, Hindupur, Ananthapuram, Ananthapuram JCJC and District (Owner-cum-Driver of Lorry bearing No.AP 21 V8322). 3. Gorantla Ramaiah, S/o.Rama Swamy, aged about 66 years, Occ: Retired Army, (Father of deceased) R/o Door No.6-214, Gandhi Nagar, Near H.P.Gas Godown, Prakash Nagar, Narasaraopet, Narasaraopet JCJC, Guntur District. 4. Gorantla Nagaratnam, W/o. Ramaiah, aged about 64 years, House wife, (Mother of deceased) R/o.Door No.6-214, Gandhi Nagar, Near H.P.Gas Godown, Prakash Nagar, Narasaraopet, Narasaraopet Guntur District. ...Respondents (Respondents in-do-) Counsel for the Petitioner : SRI KOTA SUBBA RAO Petition 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 stay the execution of decree and Judgment passed in MVOP.No.1022 of 2016 dated 18-10-2019 on the file of the Chairperson, Motor Vehicles Accidents Claims Tribal-cum-IV Additional District Judge, Guntur, pending disposal of MACMA No. 44 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:
"Heard learned counsel for petitioner, Sri K.Subba RAo.
There shall be stay of operation of the judgment and decree passed in M.V.O.P.No.1022 of 2016, dated 18.10.2019, on the file of Motor Accidents Claims Tribunal -- cum -- IV Additional District Judge, Guntur, on the condition of petitioner depositing 50% of the award amount with interest within six weeks
before the flower Tribunal. On such' deposit being made, the
respondents/claimants are permitted to withdraw the said amount proportionate
to their respective shares." ; Sd/-K.JaganMohan DEPUTY REGISTRAR
a
IITRUE COPY!I/ SECTION O FICER
For.
To,
1. The Chairperson, Motor Vehicles Accidents Claims Tribal-cum-IV Additional District Judge, Guntur
2. Gorantla Parameswari @ Pasupuleti Parameswari, W/o.Gorantla Sambasiva Rao, D/o.Pasupuleti Brahmaiah, C/o.Charmavarapu Siva Nageswara Rao, Chinapalakaluru Village, Guntur Mandal and District
3. Noorulla Khan Phatan, S/o.Roshan Kham, R/o Door No.4-5-305, Dharmapuram, Hindupur, Ananthapuram, Ananthapuram JCJC and District (Owner-cum-Driver of Lorry bearing No.AP 21 V8322).
4, Gorantla Ramaiah, S/o.Rama Swamy, R/o Door No.6-214, Gandhi Nagar, Near H.P.Gas Godown, Prakash Nagar, Narasaraopet, Narasaraopet JCJC, Guntur District.
5. Gorantla Nagaratnam, W/o. Ramaiah, R/o.Door No.6-214, Gandhi Nagar, Near H.P.Gas Godown, Prakash Nagar, Narasaraopet, Narasaraopet Guntur District. (Addresses 2 to 5 By RPAD)
One CC to Sri. Kota Subba Rao, Advocate [OPUC] Two spare copies
"NO
MM
HIGH COURT
UDPRJ
JUDJ
DATED:21/01/2021
ORDER
IA No. 1 OF 2021 IN MACMA NO: 44 OF 2021
INTERIM STAY
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