Citation : 2021 Latest Caselaw 29 AP
Judgement Date : 6 January, 2021
[ 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 DEVI 1A No. 1 OF 2021 IN MACMA NO: 3 OF 2021 Between: Shriram General insurance Company Ltd., Rep. by its Divisional Manager, RICO industrial area, Sitapura, Jaipur, Rajasthan state. Holding its office at Vijayawada Rep, by its Manager. ... Appellant! Respondent No.3 AND 4. Medisetty Nukaratnam , Wio. Krishna, @ Krishnayya, Aged 24 years, House wife, D.NO. 4-182/3, Katravulapalli village, Jaggampeta mandal, East Godavari District. 2. Medisetty Srinu , S/o. Krishna @ Krishnayya, Aged 3 years, Minor,(2" petitioner being minor Rep. by his mother 1st petitioner) _.Respondents/Petitioners 3. Pedapati Durga rao, S/o. China Apparao, Aged 35 years, Driver of Goods Auto, Yerrampalem village, Gandepalli mandal, East Godavari District. 4 Kathirisetty Venkateswara rao, S/o. Venkata rao, D.No.10-28, Owner of Goods Auto, Goliapeta, Katravulapalli_ village, Jaggampeta mandal, East Godavari District. _.Respondents/Respondent No.1 & 2 Counsel for the Petitioner: SRI D RAVI KIRAN Counsel for the Respondents: --- Petition under Section 451 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 dated 29-01-2020 passed in MVOP No.23/2016 on the file of Motor Accident claims Tribunal cum V1! Additional District Judge, East Godavari at Kakinada, pending disposal of MACMA No.3 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 R:z DEPUTY REGISTRAR
Ve D TRUE COPY!/! i Cae For SECTION OFFICER
To,
SP
a
_ The Motor Accident claims Tribunal cum VI Additional District Judge, East
Godavari at Kakinada.
. Medisetty Nukaratnam , W/o. Krishna, @ Krishnayya, Aged 24 years, House
wife, D.NO. 4-182/3, Katravulapalli village, Jaggampeta mandal, East Godavari District.(For Self and being Mother & Natural Guardian to Respondent No.2 i.e, Medisetty Srinu , S/o. Krishna @ Krishnayya)
. Pedapati Durga rao, S/o. China Apparao, Aged 35 years, Driver of Goods Auto,
Yerrampalem village, Gandepalli mandal, East Godavari District.
. Kathirisetty Venkateswara rao, S/o. Venkata rao, D.No.10-28, Owner of Goods
Auto, Goliapeta, Katravulapalli village, Jaggampeta mandal, East Godavari District.(2 to 4 By RPAD)
5. One CC to Sri D Ravi Kiran, Advocate [OPUC]
. One spare copy
HIGH COURT
JUDJ
DATED: 06/01/2021
ORDER
IA No. 1 OF 2021
IN MACMA NO: 3 OF 2021
DIRECTION
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