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 0
"TUESDAY, THE SECOND DAY OF MARCH, fi:
TWO THOUSAND AND TWENTY ONE
oe : PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
[A No. 1 OF 2021 =
| IN |
| MACMA NO: 143 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
4. Usthela Chennamma, W/o. Late Daveedu, Aged about 50 yrs, Mala, R/o. D.No.
7-27-34, Potti Sriramulu Nagar, Guntur.
SO . ...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, VISAYAWADA.
...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.
rea, Yellandu, Khammam 507123. .
| ...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.
. a ...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.
...Respondent No.5 (Owner of the auto as per policy)
-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: ---
Petition under Order XXXX!I 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.268 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.143 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
"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.268 of 2016 by
the Chairman, Motor Accidents Claims Tribunal-cum-iV 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
security."
Sd/-V.Satyanarayana
| ASSISTANT REGISTRAR
TRUE 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.
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.
4. Sandipamu Joji, S/o. Ramesh, Hindu, aged about 27 yrs, R/o. D.No.1-16, 21
Area, Yellandu, Khammam 507123.
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.
w
6. Bankula Nagaraju, S/o. Venkateswarlu, Aged about 38 yrs, Hindu, R/o. D.No. 3-
41, Edupudu village, Markapuram mandal, Pakasam district
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]
9. One spare copy
SP
HIGH COURT
KSRJ
DATED: 02/03/2021
ORDER
IA No. 1 OF 2021
IN
MACMA.No.143 of 2021
STAY
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