Andhra Pradesh High Court - Amravati
M/S. Cholamandalam Ms General ... vs Usthela Chennamma on 2 March, 2021
Bench: K Suresh Reddy
[3239 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 22 AN OHS
TUESDAY, THE SECOND DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE fe
_: PRESENT: ea
THE HONOURABLE SRI JUSTICE K SURESH REDDY -- \"*
IA No. 1 OF 2021 ~ "Se
IN
MACMA NO: 145 OF 2021 ~
Between:
M/s. Cholamandalam MS General Ins. Co. Ltd., Rep. by its Regional Manager, Regional
Office, D.No. 40-1-48/1, 2nd Floor, MG Road, Opp. Sweet Magic, VIJAYAWADA.
..Appellant/ Respondent No.2 --
AND .
1. Usthela Chennamma, W/o. Late Daveedu, Aged about 50 yrs, Mala, R/o. D.No.
7-27-34, Potti Sriramulu Nagar, Guntur.
...Respondent/Petitioner
2. Veeramreddy Venkateswara Reddy, S/o. Nagi Reddy, Aged about 42 yrs, Hindu,
R/o. D.No. 24-29-222/5, Ganapathi Street, Gulabi Thota, VIJAYAWADA.(Owner
of the lorry) .
...Respondent No.1 (Owner of the lorry)
3. Sandipamu Joji, S/o. Ramesh, Hindu, aged about 27 yrs, R/o. D.No.1-16, 21
Area, Yellandu, Khammam 507123. (Driver of the lorry)
...Respondent No.3 (Owner of the lorry)
4. Dudekula China Peere Saheb, S/o. Bude Saheb, Muslim, aged about 39 yrs,
R/o. D.No. 2-24, Edupudi village, Markapuram mandal, Prakasam district.
(Owner of the auto as per RC)
...Respondent No.4 (Owner of the auto as per RC)
5. Bankula Nagaraju, S/o. Venkateswarlu, Aged about 38 yrs, Hindu, R/o. D.No. 3-
41, Edupudu village, Markapuram mandal, Pakasam district(Owner of the auto
as per policy)
...Respondent No.5 (Owner of the auto as per RC)
6. Bajaj Allianz General Ins. Co. Ltd, Rep. by its Manager, R/o.7/1, Arundelpet,
Guntur.
...Respondent No.6 (Driver of the auto) ~~
Counsel for the Petitioner: SRI SYED ABDUL KHADAR --~
Counsel! for the Respondents: a
Petition under XXXKI Rule 5 of CPC, 1908, 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 10.03.2020 passed in M.V.O.P.No.266 of
2016 on the file of the Motor Accidents Claims Tribunal - Cum - IV Addl. District and
Session Judge: at Guntur and stay of execution proceedings in pursuance to order
dated 10.03.2020, pending disposal of MACMA No.145 of 2021, on the file of the High
Court. ---
The cou 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
"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. 10-03-2020 passed in M.V.O.P.No.266 of 2016 by
the Chairman, Motor Accidents Claims Tribunal-cum-lV Additional District Judge,
Guntur, 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
wg yy
security.
Sd/-M.RameshBabu
oe
HTRUE COPY// SECTION OFFICER
For
To,
1. The Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District --
Judge, Guntur.
2. Usthela Chennamma, W/o. Late Daveedu, Aged about 50 yrs, Mala, R/o. D.No.
7-27-34, Potti Sriramulu Nagar, Guntur.
3. Veeramreddy Venkateswara Reddy, S/o. Nagi Reddy, Aged about 42 yrs, Hindu,
R/o. D.No. 24-29-222/5, Ganapathi Street, Gulabi Thota, VIJAYAWADA (Owner
of the lorry)
4. Sandipamu Joji, S/o. Ramesh, Hindu, aged about 27 yrs, R/o. D.No.1-16, 21
Area, Yellandu, Khammam 507123. (Driver of the lorry)
5. Dudekula China Peere Saheb, S/o. Bude Saheb, Muslim, aged about 39 yrs,
R/o. D.No, 2-24, Edupudi village, Markapuram mandal, Prakasam district.
(Owner of the auto as per RC)
6. Bankula Nagaraju, S/o. Venkateswarlu, Aged about 38 yrs, Hindu, R/o. D.No. 3------
41, Edupudu village, Markapuram mandal, Pakasam district(Owner of the auto
as per policy)
7. The Manager, Bajaj Allianz General Ins. Co. Ltd, R/o.7/1, Arundelpet, Guntur(2
to 7 By RPAD)
8. One CC to Sri Syed Abdul Khadar, Advocate [OPUC] a
9. One spare copy
SP
HIGH COURT
KSRJ
DATED: 02/03/2021
ORDER
IA No. 1 OF 2021
IN
MACMA.No.145 of 2021
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