Andhra Pradesh High Court - Amravati
M/S Sbi General Insurance Co. Ltd. vs Intl Srividya on 2 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE SECOND DAY OF MARCH.
TWO THOUSAND AND TWENTY ONE *
: PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
IA No. 1 OF 2021
IN
MACMA NO: 146 OF 2021
Between:
M/s SBI General Insurance Co. Ltd, Rep. by its Manager (Claims), Main Road,
Dwarakanagar, Visakhapatnam
.. Appellant/Respondent No.2
(Petitioner in MACMA 146 OF 2021
on the file of High Court)
AND
1. Inti Srividya, W/o. Late Madhubabu, Aged about 28 years, resident of
Maruthinagar, Chodavaram, Viskhapatnam
2. Inti Akhila, S/o. Late Madhubabu, Aged about 6 years, resident of Maruthinagar,
Chodavaram, Viskhapatnam
~ 3. Inti Ruthwik, S/o. Late Madhubabu Aged about 5 years, resident of Maruthinagar,
Chodavaram, Viskhapatnam
(2 and 3 are minors represented by their mother i.e., 1* Petitioner)
4, Inti Suvartha Krupavaram, W/o. Late Narayana Rao, Hindu, aged about 48
years, resident of Maruthinagar, Chodavaram, Viskhapatnam
Respondents/Petitioners 1 to 4
5. Vasupalli Ramana, S/o. Nageswara Rao, Hindu, R/o. D.No.31-34-109,
Bangaramma metta, Allipuram, Viskhapatnam
Respondent /R1
(Owner of the Lorry)
6. Chettibothula Sambha Murthy, S/o. Appa Rao, Aged about 53 years, Rio.
Ramaraopet, Narsipatnam, Viskhapatnam.
. .Respondenv/R3
(Driver of the lorry)
(Respondents in-do-)
Counsel for the Petitioner: SRI SYED ABDUL KHADAR .
Petition under Order XXXXI Rule 5 of 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 operation of Order and Decree dated 05.03.2020 passed in M.V.O.P. No.1535
OF 2014 on the file of the Motor Accidents Claims Tribunal -- Cum -- IX Additional
District Session Judge, Visakhapatnam at Chodavaram and stay of execution
proceedings in pursuance to order dated 05.03.2020, pending disposal of
MACMA No.146 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:
"For the reasons stated in the affidavit filed in support of this application
and taking into consideration of the submissions made by the learned counsel for
the petitioner/appellant, there shall be stay of all further proceedings pursuant to
the judgment and decree, dated. 05-03-2020 passed in M.V.O.P.No.1535 of 2014 by
the Chairman, Motor Accidents Claims Tribunal-cum-IX Additional District Judge
(FTC), Chodavaram, subject to the petitioner/appellant depositing 50% of the
awarded amount with proportionate costs and interest within eight (8) weeks from
today". " -
/
Sd/-Ch.V.Subram nya Sarm:
ASSISTANT REGISTRAR
ITTRUE COPY// A
For SECTION OFFICER
To,
~~
_ The Motor Accidents Claims Tribunal -- Cum -- {X Additional District Session
Judge, Visakhapatnam at Chodavaram
Inti. Srividya, W/o. Late Madhubabu, Aged about 28 years, resident of
Maruthinagar, Chodavaram, Viskhapatnam (On her behalf and on behalf of
Respondent No.2, 3 being minor rep. by their mother 1* petitioner)
Inti Suvartha Krupavaram, W/o. Late Narayana Rao, Hindu, aged about 48
years, resident of Maruthinagar, Chodavaram, Viskhapatnam
Vasupalli Ramana, S/o. Nageswara Rao, Hindu, R/o. D.No.31-34-109,
Bangaramma metta, Allipuram, Viskhapatnam
Chettibothula Sambha Murthy, S/o. Appa Rao, Aged about 53 years, R/o.
Ramaraopet, Narsipatnam, Viskhapatnam. (Addresses 2 to 5 by RPAD)
One CC to SRI SYED ABDUL KHADAR Advocate [OPUC]
One spare copy
HIGH COURT
KSRJ
DATED:02/03/2021
ORDER
IA.NO.1 OF 2021
IN
MACMA.No.146 of 2021
STAY
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