Citation : 2022 Latest Caselaw 8702 AP
Judgement Date : 14 November, 2022
111
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: M.A.C.M.A .No.470 of 2022
PROCEEDING SHEET
Sl.No Date ORDER OFFICE
NOTE
BSB. J
1. I.A.No.1 of 2022
14.11.2022
This petition is filed to dispense with
filing of certified copy of common judgment in
MVOP.No.24 of 2019 on the file of Motor
Accident Claims Tribunal-cum-III Additional
District Judge, Nellore dated 18-01-2022, on
the ground that the original certified copy of
common judgment is filed in MACMA No.427
of 2022 on the file of this court.
In view thereof, the petition is allowed
subject to the condition that the petitioner
shall file duly certified copy of the same
within two months from the date of this
order, failing which the petition stands
dismissed.
_____________________
B.S.BHANUMATHI.J
I.A.No.2 of 2022
This petition is filed to condone the
Contd.,
delay of 156 days in filing the appeal on the
2
MAMCA No.470 of 2022
ground that there is administrative delay.
Learned counsel for the
petitioner/appellant is permitted to take out
personal service of notice to respondents
through RPAD and file proof thereof.
Post after eight weeks.
_____________________ B.S.BHANUMATHI.J
I.A.No.3 of 2022 This petition is filed to grant stay of all further proceedings pursuant to the decree and judgment dated 18-01-2022 passed in MVOP.No.24 of 2019 on the file of Motor Accident Claims Tribunal-cum-III Additional District Judge, Nellore pending disposal of the main MACMA.
The appellant is challenging the award on the ground of liability of the appellant, on the ground that the deceased was an unauthorized passenger in the goods vehicle and other grounds.
Since the disposal of the appeal would take time and in the light of the grounds raised in the appeal, since there is prima facie case, it is a fit matter to grant interim stay, however subject to certain conditions. Contd.,
MAMCA No.470 of 2022
As such, the interim stay 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. If the petitioner fails to comply the condition, interim order stands vacated.
_____________________ B.S.BHANUMATHI.J SAB
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