The New India Assurance Company ... vs Sylada Durgamma
2022 Latest Caselaw 5946 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                       MAIN CASE : M.A.C.M.A.No.332 of 2022
                                 PROCEEDING SHEET
Sl.      Date                                      ORDER                                 OFFIC
No.                                                                                        E
                                                                                         NOTE

      05.09.2022
                   SRS,J
                                               I.A.No.1 of 2022

                         This petition is filed to condone the delay of 162
                   days in representing the present appeal against
                   judgment and decree, dated 15.10.2020 passed in
                   M.V.O.P.No.241        of    2018   on   the    file   of   learned
                   Chairman, Motor Accidents Claims Tribunal -cum- IV
                   Additional District Judge, Srikakulam.

                         For the reasons mentioned in Para 12 of the
                   affidavit, the delay of 162 days in representing the
                   appeal is condoned.

                                                                               ______
                                                                                 SRS,J

                                 M.A.C.M.A.No.332 of 2022

                         This appeal is filed by the New India Assurance
                   Company Limited against the judgment and decree,
                   dated 15.10.2020 passed in M.V.O.P.No.241 of 2018
                   on the file of Chairman, Motor Accidents Claims
                   Tribunal   -cum-           IV   Additional    District     Judge,
                   Srikakulam.
                         The above M.V.O.P. was filed by wife, daughter
                   and parents of the deceased claiming compensation of
                   Rs.20,00,000/- on account of the death of the
                   deceased due to his involvement in the accident.
                         The Tribunal allowed the M.V.O.P. awarding
                   compensation     of        Rs.24,89,200/-     with    costs    and
 interest   at     7%   per   annum   from   the    date   of
presentation of the petition i.e. 12.04.2018 till the date
of payment which shall be within a period of two
months from the date of order, payable by respondent

No.3.

Heard learned counsel for the appellant. Learned counsel for the appellant would contend that the minimum wages payable for the cleaner in the year 2017 is about Rs.6,000/- including all expenses but the Tribunal has taken the monthly income including batta at Rs.12,000/- per month. He would further contend that the alleged accident occurred due to rash and negligence of the driver or owner of the vehicle, as such they are not entitled for any compensation under Section 166 of the M.V.Act, 1988.

Admit.

Notice.

______ SRS,J

I.A.No.2 of 2022 There shall be stay of all further proceedings pursuant to the order and decree, dated 15.10.2020 passed in M.V.O.P.No.241 of 2018 on the file of Chairman, Motor Accidents Claims Tribunal -cum- IV Additional District Judge, Srikakulam, subject to the condition of the petitioner/appellant depositing 50% of the compensation amount including interest and costs within a period of eight (8) weeks from today to the credit of the above M.V.O.P, failing which the interim order stands vacated without any further reference.

______ SRS,J

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