M/S.The New India Assurance ... vs Nadigatla Nooka Raju Jamindharu
2022 Latest Caselaw 8309 AP

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                                                              M.A.C.M.A.No.442 of 2022

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                       HIGH COURT OF ANDHRA PRADESH

     MAIN CASE NO: M.A.C.M.A .No.442 of 2022

                             PROCEEDING SHEET

Sl.N      Date                          ORDER                               OFFICE
 o.                                                                          NOTE

                    BSB. J
1.                                   I.A.1 of 2022
       03.11.2022

                         This petition is filed to order stay of
                    execution of the decree and judgment in
                    MVOP.30 of 2018 on the file of Motor
                    Accidents Claims Tribunal-cum-III Additional
                    District Judge, Kakinada, dated 21-06-2022
                    pending disposal of the appeal.
                           Learned         counsel      for         the
                    petitioner/appellant    submitted    that       the
                    Tribunal has awarded more amount than
                    prayed for and that too without considering
                    the admitted fact that the accident was
                    caused by the driver/insurer vehicle as he
                    was in drunken condition and thus, violated
                    the terms and conditions of the policy, which
                    renders the liability of insurance company
                    not enforceable and thus, there is good case
                    for the appellant in the appeal.
                         Since the adjudication of the appeal will
                    take considerable time and in the light of the
                                                                          Contd.,
                     2
                                       M.A.C.M.A.No.442 of 2022

submissions made by the learned counsel for
the petitioner/appellant, interim order as
prayed for is granted 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 and on
such deposit, the respondents/claimants are

permitted to withdraw the same as per the award without furnishing any security. If the petitioner fails to comply the condition, interim order stands vacated.

_____________________ B.S.BHANUMATHI.J MACMA.442 of 2022 Learned counsel for the appellant is permitted to take personal service of notice through RPAD to the respondents and file proof thereof.

Post the matter after two months.

_____________________ B.S.BHANUMATHI.J SAB

C.C. by one week.

M.A.C.M.A.No.442 of 2022