Andhra Pradesh High Court - Amravati
United India Insurance Co. Ltd., vs Bandaru Varalakshmi, on 20 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SATURDAY, THE TWENTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
IA No. 2 OF 2021
IN
MACMA NO: 217 OF 2021
Between:
United India Insurance Co. Ltd.,, Rep. by its Sr. Divisional Manager, D.O. Ill,
Bhuvaneswari Complex, Near Diamond Park, Dwaraka Nagar, Visakhapatnam -
530 016 Now rep. by Syed Mastan Shariff, S/o. Syed Mahaboob, aged 59 years,
Manager, Divisional Office-I, R.R. Appa Rao Street, Vijayawada - 1.
...Appellant/Petitioner
AND
1. Bandaru Varalakshmi, W/o Late Nookayyasetti, Hindu, Aged 36 years, R/o
Janakayyapeta, Nakkapalli Mandal, Visakhapatnam District.
2. Bandaru Kiran Sai Sitarama Kumar, alias Sai Kiran, S/o Late Nookayyasetti,
Hindu, Aged 36 years, R/o Janakayyapeta, Nakkapalli Mandal, Visakhapatnam
District.
3. N Subba Rao, S/o Kotaiah, Hindu, Owner of Car No. AP 31 BY 2466, R/o S.F.
A1-211, Auto. Nagar, Visakhapatnam.
4. Vempada Veera Venkata Satyanarayana, S/o Late Narasimha Murthy, Aged 34
years, Mangali, D.No.24-107-17/1, Kanithi Road, Chinna Gantyada, Gajuwaka
Post, Visakhapatnam.
..Respondents/Respondents
Counsel for the Petitioner : NAGUMANTRI NAGESWARA RAO
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 interim
stay all further proceedings including execution of the Award in M.V.O.P. No.1276 of
2015, dated 21.10.2019 on the file of the Motor Accidents Claims Tribunal --cum -- XIl
Additional District and Session Judge, Visakhapatnam, Visakhapatnam District, in the
interest of justice and be pleased, pending disposal of MACMA No. 217 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.21.10.2019 passed in M.V.O.P.No.1276 of 2015 by
the Chairperson, Motor Accidents Claims Tribunal-cum-Xll Additional District and
Sessions Judge, Visakhapatnam, 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
HMTRUE COPY! |
S$
For. ECTION OFFICER
To,
1. The Motor Accidents Claims Tribunal --cum -- XII Additional District and
Session Judge, Visakhapatnam, Visakhapatnam District.
One CC to Sri. Nagumantri Nageswara Rao Advocate [OPUC]
One spare copy
ON
PR
aw
HIGH COURT
KSRJ
DATED:20/03/2021
ORDER
IA No. 2 OF 2021
IN
MACMA NO: 217 OF 2021
STAY
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