Citation : 2021 Latest Caselaw 1533 AP
Judgement Date : 15 March, 2021
[ 3239 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MONDAY, THE FIFTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
IA No. 1 OF 2021 f
IN i
MACMA NO: 199 OF 2021
Between: Xs
M/s United India Insurance Company Limited, Rep by its Branch Manager, 'Ghd. Ni
New No.27, Sudharshan Buildings, whites road, Chennai A
...Petitioners
(Petitioner in MACMA 199 OF 2021
on the file of High Court)
AND
1. E.Dhanamma, W/o late Vinayaka, aged about 29 years, Hindu, house wife, r/at
lrikipenta Voddipalle, Somala Mandal
2. E.Supriya, minor rep by her mother E.Dhanamma, aged about 8 years, student,
r/at lrikipenta Voddipalle, Somala Mandal
3. Minor E.Ankitha, D/o late Vinayaka, aged about 4 years, rep by her mother
E.Dhanamma, r/at lrikipenta Voddipalle, Somala Mandal
4. E.Chengalrayappa, S/o Thimmaiah, aged about 60 years, Hindu, dependent, r/at
lrikipenta Voddipaile, Somala Mandal
5. E.Yellamma, W/o Chengalyayappa, aged about 55 years, Hindu, house wife, r/at
lrikipenta Voddipalle, Somala Mandal)
. Respondents/Claimants
6. A.M.kalaivani Ammal, W/o A.M.Munirathnam Mudaliar, Major, Bus owner, r/at
No.882/1, Balakrishna clay products, Gandhi Nagar, Kolar, Karnataka state.
7. M.Narayarappa, S/o Chodappa, Major, r/at Vanadialadinne village and post,
Punganur Mandai.
(The 3 respondent is added as per orders in IA.No.1077/2015 dated 28-10-
2015)
...Respondents/Respondents
(Respondents in-do-)
Counsel for the Petitioner: SRI P RAMANJANEYULU
Petition under Order XLI -- Rule -- 5 & Under Sec. 151 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 of all further proceedings pursuant to the decree and
Judgment dated the 08" day of November, 2019 passed in M.V.O.P.No.105 of 2014 on
the file of the Motor Accidents Claims Tribunal-Cum II Additional District Judge,
Madanapalle, including execution proceedings, pending disposal of MACMA No.199 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).
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. 08-11-2019 passed in M.V.O.P.No.105 of 2014 by the Chairman, Motor Accidents Claims Tribunal-cum-ll Additional District Judge, Madanapalle, Chittoor District, 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 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
IITRUE COPY//
SECTION OFFICER
To,
1. The Motor Accidents Claims Tribunal-Cum Il Additional District Judge, Madanapalle
2. E.Dhanamma, W/o late Vinayaka, aged about 29 years, Hindu, house wife, r/at lrikipenta Voddipalle, Somala Mandal (On her behalf and on behalf of Respondent No.2 and 3 being minors)
3. E.Chengalrayappa, S/o Thimmaiah, aged about 60 years, Hindu, dependent, r/at lrikipenta Voddipalle, Somala Mandal
4. E.Yellamma, W/o Chengalyayappa, aged about 55 years, Hindu, house wife, r/at lrikipenta Voddipalle, Somala Mandal)
5. A.M.kalaivani Ammal, W/o A.M.Munirathnam Mudaliar, Major, Bus owner, r/at No.882/1, Balakrishna clay products, Gandhi Nagar, Kolar, Karnataka state.
6. M.Narayarappa, S/o Chodappa, Major, r/at Vanadialadinne village and post,
Punganur Mandal. (Addresses 1 to 6 by RPAD)
One CC to SRI P RAMANJANEYULU Advocate [OPUC}]
One spare copy
co ™
HIGH COURT
KSRJ
DATED:15/03/2021
ORDER
1A.NO.1 OF 2021 IN MACMA.No.199 of 2021
STAY
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