Andhra Pradesh High Court - Amravati
Hdfc Ergo General Insurance Co. ... vs Guttula Venkata Rao 5 Others on 26 April, 2023
HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.MACMA No.1119 of 2016
PROCEEDING SHEET
Sl. DATE ORDER OFFICE NOTE
No.
05. 26-04-2023 BSS, J
IA No.1/2022 in MACMA No.1119/2016
The learned counsel for the
petitioners sought permission to withdraw
the petition. Permitted. The petition is
dismissed as withdrawn. No costs.
________
BSS, J
IA No.1/2018 in MACMA No.1119/2016
I have heard learned counsel for the
petitioners. There is no representation for
R1. The learned counsel Mr.G.Srinivasu,
represented on behalf of R4.
This petition is filed by the
petitioners/claimants, seeking permission
to withdraw the amount deposited by R1
as per conditional Stay Orders passed in
IA No.1 of 2016, dt.28.03.2016, vide
MACMAMP No.1358 of 2016. This Court
while granting Interim Stay of the
execution of the Decree and Judgment
Contd...2
passed in MVOP No.413 of 2012,
dt.20.01.2016, passed conditional Stay
Orders that "there shall be Interim Stay
as prayed for, subject to condition that
petitioner/appellant shall deposit 50% of
the decretal amount awarded against it
along with proportionate costs and
interest, within a period of six weeks from
today". R1/appellant said to be complied
the conditional Stay Orders passed by this
Court, and deposited the amount before
the Tribunal. The petitioners being
claimants are stating that they are
entitled to withdraw the amount deposited
by R1, as this Court previously not
permitted them to withdraw the same,
and in Stay vacate petition, they are not
in a position to withdraw the amount.
They pray to allow the petition.
No counter-affidavit is filed by R1,
denying the averments in the affidavit of
the petitioners.
A perusal of Award passed by the
lower Tribunal, which shows that the
Tribunal awarded compensation of
Rs.3,74,000/- to the petitioners with
proportionate costs with subsequent
Contd...3
interest at 7.5% p.a from the date of
petition till the date of realization, and
directed R1 to R4 to jointly and severally
liable to pay the above compensation
amount. Then the Tribunal apportioned
the liability of R1, R4 being the Insurance
Companies of tractor and trailer
respectively at 50% each, and then
compensation has been apportioned to
the petitioners @ Rs.1,37,000/-,
Rs.1,37,000/- and Rs.1,00,000/-
respectively. Then, the Tribunal permitted
petitioners 1 and 3 to withdraw half of the
amount of their respective shares, and
remaining amount shall be kept in any
Nationalized Bank for a period of Two
years, and 2nd petitioner was permitted to
withdraw the entire compensation
amount. R1 and R4 Insurance Companies
have filed two separate appeals, which are
MACMA Nos.1119 of 2016 and 1644 of
2016. As R1 complied conditional Orders
passed by this Court, and on perusal of
grounds of appeal, and for the reasons
stated in the affidavit of the 1st petitioner,
the petitioners are permitted to withdraw
Contd...4
50% of compensation amount, deposited
by R1 before the Tribunal, without
furnishing any security as per their
apportionment ordered by the lower
Tribunal.
________
BSS, J
MACMA No.1119/2016
IA No.1 of 2022 and IA No.1 of
2018 are allowed.
The learned counsel Mr.P.Nani
Naidu, represented on behalf of
Mr.N.Venkata Krishna, learned counsel for
R1 to R3. The learned counsel
Mr.K.Srinivasulu, represented on behalf of
Mr.K.Subba Rao, learned counsel for the
appellant. The learned counsel
Mr.G.Srinivasu represented on behalf of
R6.
List the case under the caption of
"Final hearing" on 10.05.2023.
________
BSS, J
Bsv
