Andhra Pradesh High Court - Amravati
M/S Mcholamandalam Ms General ... vs Pappula Eswaramma 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
IA No. 1 OF 2021
IN
MACMA NO: 181 OF 2021
Between:
M/s. Cholamandalam MS General Ins. Company Limited, 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. Pappula Eswaramma, W/o. Late Rama Rao, Aged about 25 yrs, Hindu, R/o.
D.No. 9-21-22, 20" lane, Nallacheruvu, 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.
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.
Respondent No. 3 (Driver of the lorry)
4. Dudekula China Peere Saheb, S/o. BudeSaheb, Muslim, aged about 39 yrs, R/o.
D.No. 2-24, Edupudi village, Markapuram mandal, Prakasam District. --
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: SYED ABDUL KHADAR
Counsel for the Respondents: o-
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 stay the
operation of Order and Decree dated 40.03.2020 passed in M.V.O.P.No.267 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. 181 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.0.P.No.267 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. 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/-T.MADHAVI
ASSISTANT REGISTRAR
ITTRUE COPYI/ wh oes
For ASSISTANT REGISTRAR
To,
1. The Motor Accidents Claims Tribunal -Cum -IV Addl. District and Session Judge
at Guntur.
2. Pappula Eswaramma, W/o. Late Rama Rao, R/o. D.No. 9-21-22, 20" |ane,
Nallacheruvu, Guntur.
3. Veeramreddy Venkateswara Reddy, S/o. Nagi Reddy, R/o. D.No. 24-29-222/5,
Ganapathi Street, Gulabi Thota, VIJAYAWADA. Respondent No. .1 (Owner of
the lorry
4. Sandipamu Joji, S/o. Ramesh, R/o. D.No. 1-16, 21 Area, Yellandu, Khammam --
507123.
5. Dudekula China Peere Saheb, S/o. Bude Saheb, R/o. D.No. 2-24, Edupudi
village, Markapuram Mandal, Prakasam District.
6. Bankula Nagaraju, S/o. Venkateswarlu, R/o. D.No. 3-41, Edupudu village,
Markapuram mandal, Pakasam District.
7. Bajaj Allianz General Ins. Co. Ltd., Rep. by its Manager, R/o. 7/1, Arundelpet,
Guntur,( RR 2 to 7 By RPAD) .
One CC to Sri. Syed Abdul Khadar Advocate [OPUC]
. One spare copy
<© 00
PR
HIGH COURT
KSRJ
DATED:09/03/2021
ORDER
IA No. 1 OF 2021
IN
MACMA NO: 181 OF 2021
STAY
