Andhra Pradesh State Road ... vs Nimmala Galaiah
2021 Latest Caselaw 1532 AP

Citation : 2021 Latest Caselaw 1532 AP
Judgement Date : 15 March, 2021

Andhra Pradesh High Court - Amravati

Andhra Pradesh State Road ... vs Nimmala Galaiah on 15 March, 2021

Bench: K Suresh Reddy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE FIFTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE

'PRESENT: we

THE HONOURABLE SRI JUSTICE K SURESH REDDY

IA No. 2 OF 2021
IN
MACMA NO: 202 OF 2021

Between: . Oe
Andhra Pradesh State Road Transport Corporation, Represented by its R
Manager, Guntur, Guntur District. (Owner of the bus bearing No. AP11Z.3236)

...Petitioner/Appellant
AND

1. Nimmala Galaiah, S/o. Govindhaiah, Hindu, Aged about 54 years, Village
Assistant (Motadu), Resident of Gummanampadu Village, Bollapalli Mandal, At
present 8" Ward, Old Railway Track, Macherla Town and Mandal, Guntur
District.

2. Vennu Hanumantha Rao, S/o. Satyanarayana, Hindu, aged about 49 years,
Driver in APSRTC, R/o. D.No. 8-52/A, Railway Station Back Side, Piduguralla
Town and Mandal, Guntur District, (Driver of RTC Bus No. AP 11 Z 3236).

3. Katikala Srinivasa Rao @ Bala Krishna, S/o. Koteswara Rao, Hindu, aged about
46 years, R/o. Indira Nagar Colony, Karampudi Village and Mandal, Guntur
District. (Owner of Lorry Bearing No.AP 13T 1433).

4. Katikala Anil Kumar, S/o. Srinivasa Rao, Hindu, Aged about 22 years, R/o. Indira
Nagar Colony, Karampudi Village and Mandal, Guntur District. (Driver of Lorry
Bearing No. AP 13T 1433).

(R 2 is not necessary).
. .Respondent/Respondents

Counsel for the Petitioner :SRI P DURGA PRASAD
Counsel for the Respondents : ---

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 grant stay of
all further proceedings pursuant to the Order and Decree dated 06-09-2019 passed in
M.V.O.P No. 21 of 2016 on the file of the Court of the Motor Accidents Claims Tribunal-
cum-X Additional District Judge, Gurazala, Guntur District including of execution
proceedings pending disposal of MACMA No.202 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. 06-09-2019 passed in M.V.O.P.No.21 of 2016 by the Chairman, Motor Accidents Claims Tribunal-cum-X Additional District Judge, Gurazala, 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."

To,

Sd/- M.SURYANADHA REDDY ASSISTANT

/ITRUE COPY// :

SECTION OFFICER

. The Chairman, Motor Accidents Claims Tribunal-cum-X Additional District Judge,

Gurazala, Guntur District.

Nimmala Galaiah, S/o. Govindhaiah, Resident of 8'" Ward, Old Railway Track, Macherla Town and Mandal, Guntur District.

Katikala Srinivasa Rao @ Bala Krishna, S/o. Koteswara Rao, R/o. Indira Nagar Colony, Karampudi Village and Mandal, Guntur District.

Katikala Anil Kumar, S/o. Srinivasa Rao, R/o. Indira Nagar Colony, Karampudi Village and Mandal, Guntur District. (2 to 4 By RPAD)