Chola Ms Gic Limited vs Alugu Lakshmi
2022 Latest Caselaw 9078 AP

HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: M.A.C.M.A.NO. 499 of 2022
                               PROCEEDINGS SHEET

Sl.
                                                                                OFFICE
No.     DATE                                ORDER                                NOTE

1.                 BSB,J
      28.11.2022
                                        I.A.No.1 of 2022

                           This petition is filed to condone the delay
                   of 71 days in filing the appeal.
                           Learned counsel for the petitioner is
                   permitted to take out personal notice on the
                   respondents       through     Registered      Post    with

Acknowledgement Due and file proof of service thereof.

Post on 28.12.2022.

I.A.No.2 of 2022

This petition is filed to grant stay of all further proceedings pursuant to the decree and judgment dated 23.05.2022 passed in M.V.O.P.No.192 of 2016 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Srikakulam, including execution proceedings, pending disposal of the appeal.

Learned counsel for the petitioner submitted that the award is challenged on the ground of no driving license to the insured and further the quantum of compensation is challenged as there is no proof of income of the deceased and also for granting future prospects.

He further submitted that the amount of compensation is Rs.8,00,000/- but the amount awarded is Rs.12,00,000/-. He further submitted that the award is challenged for granting high rate of interest of 9% per annum, since the rate of interest prevailing in the nationalized banks is 6% per annum or below. Perused the award on the grounds of appeal.

In view of the serious objections raised against the award and hearing the appeal would take considerable time, this Court is of the view to grant conditional order of stay.

Therefore, the order is stayed as prayed for on the condition that the petitioner shall deposit 50% of the amount including proportionate costs and interest as per the decree within 8 weeks from the date of this order, failing which the order stands vacated.

B.S.BHANUMATHI,J

MH