S.B.I., General Insurance ... vs Atagani Prameela
2022 Latest Caselaw 9617 AP

                       HIGH COURT OF ANDHRA PRADESH

   MAIN CASE NO: M.A.C.M.A .No.527 of 2022

                             PROCEEDING SHEET

Sl.N      Date                          ORDER                         OFFICE
 o.                                                                    NOTE



       14.12.2022   BSB. J
                                   I.A.No.1 of 2022

                         This petition is filed to condone the
                    delay of 174 days in filing the appeal.
                          Notice to respondents no.1 to 3.

Learned counsel for the petitioner is permitted to take out personal service of notice to respondents no.1 to 3 through RPAD and file proof of thereof. (R-4 & R-5 are not necessary parties.) Post on 30.01.2023.

_____________________ B.S.BHANUMATHI.J

I.A.No.2 of 2022 This petition is filed to suspend the operation of the judgment and decree in MV.O.P.No.16 of 2019 dated 03.03.2022 on the file of Motor Accident Claims Tribunal- cum-III Additional District Judge, Rajampet Contd., pending disposal of the appeal.

Learned counsel for the petitioner/ appellant submitted that the insurance company/appellant challenges the award passed by the Tribunal on the ground of liability since the deceased was an unauthorized passenger travelling in a trailor which is not insured by the appellant.

He further submitted that the Tribunal has awarded the total amount claimed i.e. Rs.10,00,000/- without proper appreciating the evidence.

In view of the submissions made and the fact that some considerable time would be taken for disposal of appeal, it is a fit case to grant stay as prayed for on the condition that the petitioner/appellant shall deposit 50% of the amount awarded together with proportionate interest and costs within eight (8) weeks from the date of this order. If the petitioner fails to comply the condition, interim order stands vacated.

_____________________ B.S.BHANUMATHI.J PNV