Andhra Pradesh High Court - Amravati
The Oriental Insurance Company ... vs Pasupulati Aruna Kumari on 4 March, 2021
Bench: K Suresh Reddy
THURSDAY, THE FOURTH DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE K. SURESH REDDY
IA No. 1 OF 2021
IN
MACMA NO: 165 OF 2021
Between:
The Oriental Insurance Company Limited, Rep. by its Divisional Manager, R/o
Guttikonda Zoom Plaza, Near Vinayak Theatre, Ring Road, Vijayawada - 10
...Petitioner/Appellant..
AND
1. Pasupulati Aruna Kumari, W/o Pasupuleti Sujan Babu, Hindu, aged 24 years, House
Wife, C/o Nakkidevu Lakshman Rao, S/o Janardhana Rao (Petitioner father), R/o
D.No.9-2-9, Maruthi Nagar, Bhimavaram West Godavari District
2. Pasupuleti Sujan Babu,, S/o Prasad, Hindu,aged 28 years, C/o Nakkidevu Lakshman Rao,
S/o Janardhana Rao (Petitioner father), R/o D.No.9-2-9, Maruthi Nagar, Bhimavaram
West Godavari District
3. Namavarapu Pavan, S/o Babu Rao, Hindu, aged 21 years, Driver of Water Tanker,
Tractor Bearing No. AP 16 AS 8233 and Water Tanker Bearing No. AP 27 TT 9218, R/o
Akulavanigaruvu, H/o Kontheru Village, Elamanchili Mandal, West Godavari District
4. Peetala Venkata Lakshmi, W/o Rama Chandra Rao, Hindu, age Not Known, Rio 1-7-2,
Balayogi Colony, Palakol, West Godavari Dt., Owner of the Tractor Bearing No. AP 16
AS 8233 (As per MVI and Insurance Policy) and Owner of Tanker Bearing No.AP 37 TT
9218 (As per Certificate of Registration).
5. Sunkara China Ramulu, Hindu, age Not Known, C/o Peetala Venkata Lakshmi, W/o
Rama Chandra Rao, Hindu, age Not Known, R/o 1-7-2, Balayogi Colony, Palakol, West
Godavari Dt. (As per Insurance Policy) Owner of Tanker Bearing No.AP 37 TT 9218
6. The Divisional Manager, National Insurance Co. Ltd., Divisional Office, Near Apsara
Theatre, Ali Bag Street, Vijayawada
... Respondents
Counsel for the Petitioner :SAMBOJU BALA GOPAL
Counsel for the Respondent
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit
filed in support of the petition, the High Court may be pleased to order stay of all further
proceedings including execution of the award, dated 03.01.2020 passed in M.V.O.P. No. 42 of
018 on the file of the Motor Vehicle Accidents Tribunal --cum- the Honourable III Additional
District Judge, Bhimavaram, pending disposal of MACMA No. 165 of 2021, on the file of the
High Court, in the interest of justice
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri Samboju Bala Gopal, Advocate for the
Appellant and 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. 03-01-2020 passed in M.V.O.P.No.42 of 2018 by the Chairman, Motor
Accidents Claims Tribunal-cum-III Additional District Judge, Bhimavaram, 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/-T.Madhavi
(TRUE COPY/! ASSISTANT REGISTRAR
| SECTION OPFICER
9.
MSR
. The Motor Vehicle Accidents Claims Tribunal --cum- the Honourable III Additional
District Judge, Bhimavaram, A.P.
Pasupulati Aruna Kumari, W/o Pasupuleti Sujan Babu, Hindu, aged 24 years, House
Wife, C/o Nakkidevu Lakshman Rao, S/o Janardhana Rao (Petitioner father), R/o
D.No.9-2-9, Maruthi Nagar, Bhimavaram West Godavari District( By RPAD)
. Pasupuleti Sujan Babu,, S/o Prasad, Hindu,aged 28 years, C/o Nakkidevu Lakshman Rao,
S/o Janardhana Rao (Petitioner father), R/o D.No.9-2-9, Maruthi Nagar, Bhimavaram
West Godavari District( By RPAD)
Namavarapu Pavan, S/o Babu Rao, Hindu, aged 21 years, Driver of Water Tanker,
Tractor Bearing No. AP 16 AS 8233 and Water Tanker Bearing No. AP 27 TT 9218, R/o
Akulavanigaruvu, H/o Kontheru Village, Elamanchili Mandal, West Godavari District(
By RPAD)
Peetala-Venkata Lakshmi, W/o Rama Chandra Rao, Hindu, age Not Known, R/o 1-7-2,
Balayogi Colony, Palakol, West Godavari Dt., Owner of the Tractor Bearing No. AP 16
AS 8233 (As per MVI and Insurance Policy) and Owner of Tanker Bearing No.AP 37 TT
9218 (As per Certificate of Registration).( By RPAD)
Sunkara China Ramulu, Hindu, age Not Known, C/o Peetala Venkata Lakshmi, W/o
Rama Chandra Rao, Hindu, age Not Known, R/o 1-7-2, Balayogi Colony, Palakol, West
Godavari Dt. (As per Insurance Policy) Owner of Tanker Bearing No.AP 37 TT 9218 (By
RPAD)
The Divisional Manager, National Insurance Co. Ltd., Divisional Office, Near Apsara
Theatre, Ali Bag Street, Vijayawada (By RPAD)
One CC to SRI. SAMBOJU BALA GOPAL Advocate [OPUC]
One spare copy
DATED:04/03/2021
ORDER
IA NO. 1 OF 2021
IN
MACMA.NO.165 OF 2021
STAY
