Andhra Pradesh High Court - Amravati
United India Insurance Company ... vs Gurlagunta Nadipi Reddaiah on 9 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
1A No. 1 OF 2021
IN
MACMA NO: 186 OF 2021
Between:
United India Insurance Company Limited, Rep. by its Manager, Trunk Road,
Rayachoty, YSR Kadapa District now reptd. by P. Phani Kumar S/o.
Nagabhushan, Manager, aged 52 years, Divisional Office - |, R.R. Appa Rao
Street, Vijayawada - 01. .
... Appellant/Petitioner
AND
1. Gurlagunta Nadipi Reddaiah, S/o G. Chinnapppa, Hindu, aged about 45 years,
residing at Edigapalli, VVeeraballi Mandal, YSR Kadapa District.
...Respondent/Petitioner
2. Goddindla Venkatesh, S/o Papanna, Hindu, aged about 40 years, Driver-cum-
Owner of Auto bearing No.AP 04-Y-8339, residing at Goddindlavandlapalli,
Veeraballi Village and Mandal, YSR Kadapa District.
NO _.Respondent/Respondent
Counsel for the Petitioner :SRI NAGUMANTRI NAGESWARA RAO
Counsel for the Respondents: ---
Petition under Order XLI Rule 5 read with 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 grant Interim Stay of all further proceedings including execution of the
Award M.V.O.P.No:40 of 2018, dated 05.06.2020 on the file of the Motor Accidents
Claims Tribunal-cum-IV Addl. District and Sessions Judge, Rayachoty, YSR Kadapa
District, pending disposal of MACMA No.186 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. 05-06-2020 passed in M.V.O.P.No.40 of 2018 by
the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge,
Rayachoty, subject to the petitioner/appellant depositing 50% of the awarded
amount with proportionate costs and interest within eight(8) weeks from today. In
default of deposit, this order stands cancelled automatically without further
reference to this Court. On such deposit being made, the respondents/claimants
are permitted to withdraw the amount, as per the arrangement made by the
Tribunal below, without furnishing any security."
Sd/- MIRAMESH BABU_~
IITRUE COPY!/
To, .
1. The Motor Accidents Claims Tribunal-cum-lV Addl. District and Sessions Judge,
Rayachoty, YSR Kadapa District.
2. Gurlagunta Nadipi Reddaiah, S/o G. Chinnapppa, residing at Edigapalli,
Veeraballi Mandal, YSR Kadapa District.
3. Goddindla Venkatesh, S/o Papanna, residing at Goddindlavandlapalli, Veeraballi
Village and Mandal, YSR Kadapa District.( 2 & 3 By RPAD)
4. One CC to Sri. Nagumantri Nageswara Rao, Advocate [OPUC] ----
5. One spare copy.
MSB
HIGH COURT
KSR,J
DATED:09/03/2021
ORDER
1A No. 1 OF 2021
IN
MACMA.No.186 of 2021
INTERIM DIRECTION
