Andhra Pradesh High Court - Amravati
The Oriental Insurance Company ... vs Palaparthi Varahalu, 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 4
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY "yY
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IA No. 1 OF 2021 y
IN -
MACMA NO: 195 OF 2021, /
Between:
The Oriental Insurance Company Ltd, Rep. by it's Deputy Manger, T.P Hub, Guttikonda
Zoom Plaza, Near Vinayak theatre, Ring Road, Vijayawada-10
...Appellant/3™ Respondent
(Petitioner in MACMA 195 OF 2021
on the file of High Court) __
AND
1. Palaparthi Varahalu, S/o Apparao, Age about 39 years, Occ: Jattu Coolie, R/o.
Balajipeta, Rajamahendravaram, East Godavari District.
.. .Respondent/Petitioner --
2. Vasupalli Siva, S/o Sathibabu, Age about 24 years, Occ: Driver of Auto bearing
No. AP 16 TE 0428, R/o.D.No.3-189, Vadapeta, Dowlaiswaram Village,
Rajamahendravaram Rural, East Godavari District.
3. Vemula Gopi, S/o Narasimha Rao, Age Not Known, Occ: owner of auto bearing
No.AP 16TE0428, R/o.D.No.4-303/4, Chillakallu, Jaggayyapeta, Krishna District.
...Respondents/Respondents --
(Respondents in-do-)
Counsel for the Petitioner : SRI V.RAGHU --
Petition under Order XL Rule 5 of CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to stay all
further proceedings in pursuant to the Judgment and Decree dated 06-02-2020 passed
in M.V.O.P No.30 of 2017 on the file of the Motor Accidents Claims Tribunal (CUM) I
Additional District Judge East Godavari at Rajamahendravaram, pending disposal of
MACMA No. 195 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. 06-02-2020 passed in M.V.O.P.No.30 of 2017 by
the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge,
Rajamahendravaram, 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
respondent/claimant is permitted to withdraw the amount, as per the arrangement
made by the Tribunal below, without furnishing any security."
Sd/-M.RameshBabu
ITRUE COPYI/ ASSISTANT REGISTRAR
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_ The Chairman, Motor Accidents Claims Tribunal (CUM) I Additional District "
Judge East Godavari at Rajamahendravaram L
. Palaparthi Varahalu, S/o Apparao, R/o. Balajipeta, Rajamahendravaram, East
Godavari District.
. Vasupalli Siva, S/o Sathibabu, Auto bearing No. AP 16 TE 0428, R/o.D.No.3- /
189, Vadapeta, Dowlaiswaram Village, Rajamahendravaram Rural, East
Godavari District.
. Vemula Gopi, S/o Narasimha Rao, Auto bearing No.AP 16TE0428, R/o.D.No.4- /
303/4, Chillakallu, Jaggayyapeta, Krishna District. (Addresses 2 to 4 By RPAD)~--~
One CC to Sri. V.Raghu, Advocate [OPUC] 4 "
One spare copy
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HIGH COURT
KSRJ
DATED:15/03/2021
ORDER
IA No. 1 OF 2021
IN
MACMA NO: 195 OF 2021
INTERIM DIRCTION
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