M/S. Oriental Insurance Company ... vs Krishnaiah Raju
2021 Latest Caselaw 1285 AP

Citation : 2021 Latest Caselaw 1285 AP
Judgement Date : 2 March, 2021

Andhra Pradesh High Court - Amravati

M/S. Oriental Insurance Company ... vs Krishnaiah Raju on 2 March, 2021

Bench: K Suresh Reddy

[ 3239]
IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 144 OF 2021 ~~

 

 

Between:

M/s. Oriental Insurance Company Limited, Rep. by its Authorized Signatory B.M.
Apartments, Ramkurivari Street Santhapet - ONGOLE Prakasam Dist.
... Appellant/ 3 Respondent
AND
1. Krishnaiah Raju, S/o. Venkateswarlu Hindu, aged about 44 years, ARPC R/o.
3°° Line, Ramanagar Ongole. PRAKASAM Dist

 

...Respondent/Petitioner ~~

2. Shaik Hussain Basha, S/o. Hussain Sahab Muslim, aged about 23 years' R/o.
Edigamitta, Kanumalla Road, Singarayakonda Village and Mandal (Driver of
Lorry AP 27 TU 5789)

3. Bellam Satyanarayana, S/o. Pattbhi Ramaiah Hindu, aged about 50 years, R/o.
Nirmal Heights Apartments Nirmal Nagar, Ongole Prakasam Dist. (Owner of
Lorry AP 27 TU 5789)

...Respondents/ Respondents
Counsel for the Petitioner: SRI N RAMA KRISHNA

Counsel for the Respondents: ---

Petition under Order 41 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 grant
stay the execution of the Order/Award passed in M.V.O.P.No.147 of 2016 on the file of
Motor Vehicle Accident Claims Tribunal-Cum-Principal District Court, Ongole, Prakasam
District dated 22" day of June, 2020, pending disposal of MACMA No.144 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. 22-06-2020 passed in M.V.O.P.No.147 of 2016 by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Ongole, 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.Satyanarayan ASSISTAN REGIS

PY Ore ITRUE COPY/! SECTION OFFICER

RAR

: To,

_ The Chairman, Motor Vehicle Accident Claims Tribunal-Cum-Principal District

Court, Ongole, Prakasam District.

Krishnaiah Raju, S/o. Venkateswarlu, ARPC R/o. 3R° Line, Ramanagar Ongole.

PRAKASAM Dist

_ Shaik Hussain Basha, S/o. Hussain Sahab, R/o. Edigamitta, Kanumalla Road,

Singarayakonda Village and Mandal (Driver of Lorry AP 27 TU 5789)

_ Bellam Satyanarayana, S/o. Pattbhi Ramaiah, Rio. Nirmal Heights Apartments