Cholamandalam Ms General ... vs Nelli Srihari Rao
2022 Latest Caselaw 9080 AP

HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: M.A.C.M.A.NO. 496 of 2022
                              PROCEEDINGS SHEET

Sl.
                                                                               OFFICE
No.     DATE                                   ORDER                            NOTE

1.                 BSB,J
      28.11.2022
                              M.A.C.M.A.NO. 496 of 2022

                           Admit.
                           Post on 28.12.2022.

                                       I.A.No.1 of 2022

                           This petition is filed to grant the stay of
                   all further proceedings pursuant to the decree
                   and judgment dated 24.08.2022 in M.V.O.P
                   No.806 of 2011 on the file of Motor Vehicle
                   Accidents Claims Tribunal Judge, Family Court-
                   cum-III Additional District Judge, Vizianagaram
                   to include the execution proceedings, pending
                   disposal of this appeal.
                           The         learned      counsel      for     the
                   petitioner/appellant submitted that the award
                   passed by the tribunal is challenged in the
                   appeal     on       the     grounds   of     contributory
                   negligence of the injured/claimant, since there
                   is head on collision between the insured
                   vehicle-car and motor cycle of the injured.
                           He further submitted that the quantum
                   of the amount of compensation awarded by the
                   Tribunal      is     also     challenged,    since,   the
                   employment and earnings of the claimant have
                   not been proved and yet the Tribunal believed
                   the version of the claimant and also has
                   awarded       the    compensation      for    permanent
 disability without proof of functional disability
leading to loss of earning capacity.
      Perused the impugned order.
      In view of the submissions made which
are prima facie, justified from the reading of
the impugned award, it is a fit matter to grant
stay conditionally.
      Therefore, the order dated 24.08.2022 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.
      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.

B.S.BHANUMATHI,J

MH