Andhra Pradesh High Court - Amravati
M/S.Shriram General Insurance ... vs Atchuta Subba Rao on 2 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI @ ANDAR SS
TUESDAY, THE SECOND DAY OF MARCH, f&s opiate
TWO THOUSAND AND TWENTY ONE ~ B
'PRESENT: At
THE HONOURABLE SRI JUSTICE K SURESH REDDY
IA No. 1 OF 2021
IN
MACMA NO: 147 OF 2021
--_
Between: . . .
M/s.Shriram General Insurance Co. Ltd, Rep. by its person in charge, E/8, EPIP, RIICO,
Industrial Area, Sitapura, Jaipur - 302 022.
...Petitioner/Appellant__
(Petitioner in MACMA 147 OF 2021
on the file of High Court)
AND .
1. Atchuta Subba Rao, S/o. Rama Rao, Hindu, Male, age 25 years, Loading and
unloading coolie, Resident of Telikicherla, Nallajerla Mandal, West Godavari
District.
...Respondent/Claimant --
2. Javvadi Suri Babu, S/o. Krishna, Hindu, Male, aged 36 years, R/o. Ananthapalii,
Nallajerla Mandal, West Godavari District, Driver of Tractor and Trailer bearing ©
No.AP 37 Y 3106 & AP 37 Y 3107. .
3. Sunkara Srinivasa Rao, S/o. Ramanna, Hindu, Male aged 40 years,
Ananthapalli, Nallajerla Mandal, West Godavari District, Owner of Tractor and
Trailer Bearing No. AP 37 Y 3106 & AP 37 Y 3107
...Respondents
(Respondents in-do-)--
Counsel for the Petitioner : SRI GUDI SRINIVASU ~
Petition under Order XLI Rule 5 & Under Section 151 of Cr.P.C 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 all further proceedings pursuant to the decree and
judgment dated 04" day of March, 2020 passed in M.V.O.P.No.263 of 2012 on the file
of the Motor Accidents Claims Tribunal-cum-V Additional District Judge, West Godavari,
Eluru, including execution proceedings, pending disposal of MACMA No. 147 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. 04-03-2020 passed in M.V.O.P.No.263 of 2012 by
the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District and
Sessions Judge, Eluru, West Godavari District, subject 'to the petitioner/appellant
depositing 50% of the awarded amount with proportionate costs and interest
within eight(8) weeks from today. On such deposit being made, the
respondents/claimants are entitled to withdraw their share as per the
arrangement made by the Court below without furnishing any security."
Sd/-M.RameshBa u
/ ASSISTANT REGISTR Aj
ITTRUE COPY!/ " / RAS
SECTION OFFICER
For.
To,
On
MM
_ The Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge,
West Godavari, Eluru
Atchuta Subba Rao, S/o. Rama Rao, Resident of Telikicherla, Nallajerla Mandal,
West Godavari District.
Javvadi Suri Babu, S/o. Krishna, R/o. Ananthapalli, Nallajerla Mandal, West
Godavari District, Driver of Tractor and Trailer bearing No.AP 37 Y 3106 & AP 37
Y 3107.
Sunkara Srinivasa Rao, S/o. Ramanna, Ananthapalli, Nallajerla Mandal, West __
Godavari District, Owner of Tractor and Trailer Bearing No. AP 37 Y 3106 & AP
37 Y 3107 (Addresses 2 to 4 By RPAD)
One CC to Sri. Gudi Srinivasu, Advocate [OPUC] _~
One spare copy
HIGH COURT
KSRJ
DATED:02/03/2021
ORDER
1A No. 1 OF 2021
IN
MACMA NO: 147 OF 2021
INTERIM STAY
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