Andhra Pradesh High Court - Amravati
The United India Insurance ... vs Cheekati Gangai Naidu on 15 June, 2021
YIN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
~. TUESDAY, THE FIFTEENTH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
". THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE K SURESH REDDY
~ IANo. 4 OF 2021
IN
' MACMA NO: 323 OF 2021
> Between: OSs
"~ The United India Insurance Company Limited, Rep by its Divisional Manager -
Divisional Office, Opp. Dhobhighat Near Murali Theater, KADAPA
. .Appellant3™ Respondent
™ SND .
~1. Cheekati Gangai Naidu, S/o. Ramudu Hindu, Aged about 23 year, MBA Student
R/o. Dayankahn Palli Village, Khajipeta Mandal, Y.S.R. Kadapa District
...Respondents/Petitioner
. Sri Seva Sadam, Rep. by its Chairmen, M. Nataraj Kumar Hindu, Aged about 48
year R/o. D. No. 6-119-1, K. R. Palli, Kalikiri Chittoor District
. 8. Srinivasulu., S/o. B. Thippaiah Hindu aged about 45 years Driver of the
Ambulance No. AP, 28 X 2442 Rio. D.No. 48-138, Kothapeta Street Royachoti
Village and Mandal Kadapa District
7)
No
..Respondents/ Respondents
~ Counsel for the Petitioner: SRIN RAMA KRISHNA
--. Counsel for the Respondent No.1: P NAGENDRA REDDY
". Petition under Order 41 Rule 5 of CPC praying that in the circumstances stated
in the affidavit filed in support of the Appeal, the High Court may be pleased to stay the
execution of the decree and Judgment in Order in M.V.O.P. No. 574 of 2016 on the file
of Motor Accident Claims Tribunal -Cum - {V Additional District Judge, Kadapa, dated
Sth day of January, 2021, pending disposal of MACMA No.323 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
erder.(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 06.01.2021,
passed in M.V.0.P.No.574 of 2016 on the file of the
Chairman, Motor Accident 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 No.1/ claimant is permitted to withdraw the
compensation in terms of the decree 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. ebb
Notice." SD/- CHITTI JOSEPH~
ASSISTANT REGISTRAR
HTRUE COPY! SECTION OFFICER
To,
SP
. The Chairman, Motor Accident Claims Tribunal -Cum - IV Additional District
Judge, Kadapa.
. Cheekati Gangai Naidu, S/o. Ramudu Hindu, Aged about 23 year, MBA Student
R/o. Dayankahn Palli Village, Khajipeta Mandal, Y.S.R. Kadapa District
. Sri Seva Sadam, Rep. by its Chairmen, M. Nataraj Kumar Hindu, Aged about 48
year R/o. D. No. 6-119-1, K. R. Palli, Kalikiri Chittoor District
. B. Srinivasulu., S/o. B. Thippaiah Hindu aged about 45 years Driver of the
Ambulance No. AP, 28 X 2442 Rio, D.No. 48-138, Kothapeta Street Royachoti
Village and Mandal Kadapa District (2 to 4 By RPAD)
5. One CC to Sri N Rama Krishna, Advocate f{OPUC]
6. One CC to Sri P Nagendra Reddy, Advocate [OPUC]
7. Two spare copies
HIGH COURT
JBJ & KSRJ
DATED: 15/06/2021
ORDER
IA No. 1 OF 2021
IN
MACMA.No.323 of 2024
INTERIM STAY
