Andhra Pradesh High Court - Amravati
United India Insurance Company ... vs Ummadi Chandakalavathi, on 14 June, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FOURTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE K SURESH REDDY ~-
IA No. 1 OF 2021
IN
MACMA NO: 294 OF 2021. -
Between:
United India Insurance Company Limited, Represented by its Divisional
Manager, Divisional office, Dhobighat Road, Kadapa city, Kadapa District.
..Petitioner/Appellant
AND
1. Ummadi Chandakalavathi, W/o. Late Chinna Pulla Reddy, Aged about 47 years,
R/o. D.No, 4/4/173, near Ravindranath School, Pulivendula Town & Mandal,
Kadapa District.
z. Ummadi Ravi Teja Reddy, S/o. Late Chinna Pulla Reddy, Aged about 27 years,
Réo. D.No. 4/4/173, near Ravindranath Schoal, Pulivendula Town & Mandal,
Kadapa District.
3. Ummadi Narayanamma, W/o. Late Narayana Reddy, Aged about 75 years, R/o.
D.No. 4/4/173, near Ravindranath School, Pulivendula Town & Mandal, Kadapa
District.
4, N.Siva Prakash Reddy, S/o.Pulla Reddy, Aged about 55 years, owner of Tractor
No. AP04 AZ 8349, R/o. D.No. 4-9-178, Near Sujatha Theatre, Pulivendula Town
and Mandal, Kadapa District.
5. K.Ramanjula Reddy, S/o. K.Ramachandra Reddy, aged about 38 years, Tractor
Driver, R/o. D.No.1-52, Diguva Lingala Village and Post, Lingala Mandal, Kadapa
District.
..Respondents/Respondents
Counsel for the Petitioner :SRI NARESH BYRAPANENI
Counsel for the Respondents: -----
Petition under Order XLI Rule 5 Réw 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 operation of the decree and Judgment in M.V.O.P.No.639 of
2017 on the file of the Motor Accidents Claims Tribunal -Cum- !V Addi. District Judge,
Kadapa, dated 1** December, 2020, pending disposal of MACMA No.294 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:
"Heard.
Having regard to the facts, submissions and the issues raised for
consideration in the grounds of appeal, which require a detailed examination,
there shall be interim stay of execution of the Order and decree, dated 01.12.2020,
passed in M.V.0.P.No.639 of 2017 on the file of the Chairman, Motor Accidents
Claims Tribunal-cum-lV Additional District Judge, Kadapa, subject to the
condition that the appellant/insurance Company shall deposit 50% of the entire
decretal amount with proportionate interest and costs within a period of eight (8)
weeks from today.
On such deposit, respondent Nos.1 to 3/ claimants are permitted to
withdraw, as per terms of the decree, their proportionate share of compensation
with proportionate interest and costs by following the procedure established by
law, however, without prejudice to the rights and contentions of both the parties
in the appeal.
Notice."
ingaRao
d/-B.Narsinga .
AS SISTANE RE GIST RAR
TRUE COPY! = gectioN OFFICER
For ASSISTANT REGISTRAR
To,
1. The Motor Accidents Claims Tribunal -Cum- IV Addl. District Judge, Kadapa,
Kadapa District.
2. Ummadi Chandakalavathi, W/o. Late Chinna Pulla Reddy, Aged about 47 years,
R/o. D.No. 4/4/173, near Ravindranath School, Pulivendula Town & Mandal,
Kadapa District.
3. Ummadi Ravi Teja Reddy, S/o. Late Chinna Pulla Reddy, Aged about 27 years,
R/o. D.No. 4/4/173, near Ravindranath School, Pulivendula Town & Mandal,
Kadapa District.
4. Ummadi Narayanamma, W/o. Late Narayana Reddy, Aged about 75 years, R/o.
D.No, 4/4/173, near Ravindranath School, Pulivendula Town & Mandal, Kadapa
District.
5. N.Siva Prakash Reddy, S/o.Pulla Reddy, Aged about 55 years, owner of Tractor
No. AP04 AZ 8349. Rio. D.No. 4-9-4178, Near Sujatha Theatre, Pulivendula Town
and Mandal, Kadapa District.
6. K Ramanjula Reddy, S/o. K. Ramachandra Reddy, aged about 38 years, Tractor
Driver, R/o. D.No. 1-52, Diguva Lingala Village and Post, Lingala Mandal, Kadapa
District.(2 to 6 By RPAD)
7. One CC to Sri. Naresh Byrapaneni, Advocate fOPUC]
8. Two spare copies,
MSB
HIGH COURT
JB,J & KSR,J
DATED: 14/06/2021
ORDER
IA No. 1 OF 2021
IN
MACMA.No.294 of 2021
INTERIM STAY
