Chola Mandalam Ms General ... vs Pattela Uma Devi Yadlapalli Uma ...
2022 Latest Caselaw 9079 AP

HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: M.A.C.M.A.NO. 498 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 111 days in filing the appeal.
                           Learned counsel for the petitioner is
                   permitted to take out personal notice on the
                   respondents       through     Registered     Post    with

Acknowledgment 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 21.03.2022 passed in M.V.O.P.No.416 of 2016 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, Vijayawada, including execution proceedings, pending disposal of the appeal.

Learned counsel for the petitioner submitted that the award is challenged on the ground of composite negligence of the claimant and involvement of another vehicle i.e., auto and that the quantum of award is also challenged because the salary is not proved by filing the bank statements of the claimant. He further submitted that the rate of interest awarded is 9% per annum which is against the settled law that a current rate of interest in the nationalized banks is about 6% per annum or less. Perused the award.

The tribunal awarded Rs.1,00,000/- towards pain and suffering, Rs. 13,00,000/- as medical expenses, Rs. 1,00,000 towards transportation and extra nourishment and Rs. 6,51,000 towards loss of earnings during the period of treatment for 21 months during which the claimant was on medical leave.

Since the petitioner raised the question on grounds of composite negligence and disputing the rate of interest and the hearing of the appeal would take considerable time, this Court is of the view that it is a matter to grant stay conditionally.

Therefore, the order is stayed as prayed for on the condition that the petitioner shall deposit 60% 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