Andhra Pradesh High Court - Amravati
National Insurance Company Ltd. vs Shaik Masthan Bi, on 15 March, 2021
Bench: K Suresh Reddy
[ 3239 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT 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
IN
- MACMA NO: 198 OF 2021 --
Between:
National Insurance Company Ltd., Rep. by its Branch Manager/ Duly constituted
Attorney Branch Office, II MG Road, Vijayawada
.. Appellants/Respondent NO.2
AND
Shaik Masthan Bi, W/o. Late Peda Masthanvali @ Masumgari 1§t Masthan,
Shaik Masthanvali, S/o. Late Peda Masthanvali @ Masumgari 1st Masthan,
Shaik Chandbi, D/o. Late Peda Masthanvali @ Masumgari 1st Masthan, Muslim,
aged 15 years, being minor rep by 1° Respondent 1st to 3rd residing at
Pothakamur Village, Darsi Mandal, Prakasam District, Presently residing at
Nagarajupalli, Martur.
4. Karra Syamalarao, S/o. Apparao, Driver of Kranthi Transport Lorry AP 16 TB
3211, R/o. D. No.32-5-14, Merakaveedhi, Rajahmundry, East Godavari District
5. Kranthi Road Transport Pvt. Ltd., Rep. by its Managing Director, S. Nageswara
Rao, R/o. Plot No.193 and 194, 5th Road, Jawahar Auto Nagar, Vijayawada
Urban, Krishna District, owner of the vehicle.
won=>=
...Respondents
(Respondents in-do-)
Counsel for the Petitioner : Sri Sravan Kumar Mannava
Counsel for the Respondents : ---
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed herein, the High Court may be pleased to stay all further proceedings
including execution of decree in MVOP. 235/2015 ,dated 04-06-2020 on the file of Motor
Accident Claims Tribunal (Principal District Court) ,Prakasam at Ongole, pending
disposal of MACMA No. 198 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 04-06-2020 passed in M.V.O.P.No. 235 of 2015 by the Chairman, Motor
Accidents Claims Tribunal-cum-Principal District Judge, Ongole, 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/-Ch.V.Subraman
| ¢ REGI
ITRUECOPY/ | ASSISTANT
| SECTION OFFICER |
Skm
_ The Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge,
Ongole, Prakasam District
Shaik Masthan Bi, W/o. Late Peda Masthanvali @ Masumgari 1%* Masthan,
Pothakamur Village, Darsi Mandal, Prakasam District, Presently residing at
Nagarajupalli, Martur, Prakasam District (for her self and on behalf of Shaik
Chandbi being minor)
Shaik Masthanvali, S/o. Late Peda Masthanvali @ Masumgari ist Masthan,
Pothakamur Village, Darsi Mandal, Prakasam District, Presently residing at
Nagarajupalli, Martur, Prakasam District .
Karra Syamalarao, S/o. Apparao, Driver of Kranthi Transport Lorry AP 16 TB
3211, R/o. D. No.32-5-14, Merakaveedhi, Rajahmundry, East Godavari District
S. Nageswara Rao, Managing Director, Kranthi Road Transport Pvt. Ltd., R/o.
Plot No.193 and 194, 5th Road, Jawahar Auto Nagar, Vijayawada Urban,
Krishna District (Addressee Nos 2 to 5 by RPAD)
One CC to Sri. Sravan Kumar Mannava, Advocate [OPUC]
One spare copy
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_ HIGH COURT
- KSR,J
DATED: 15/03/2021
ORDER
IA. No. 1 of 2021
IN
MACMA.No.198 of 2021
DIRECTION
BODE a oe
Bat my get web
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