Andhra Pradesh High Court - Amravati
The New India Assurance Co. Ltd., vs Marri Kondamma on 10 May, 2023
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No: M.A.C.M.A.No.465 of 2019
PROCEEDING SHEET
SL. OFFICE
No. DATE ORDER NOTE
08. 10.05.2023 BSS, J
I.A.No.1 of 2021 in I.A.No.1 of 2019 in
M.A.C.M.A.No.465 of 2019
I have heard learned counsel for the
petitioners/claimants, Mr. Vattikuti
Sreemannarayana, the learned counsel for
R1/appellant, Mr. C. Prakash Reddy and
the learned counsel, Ms. P. Anuradha
represented on behalf of Smt. S.A.V.
Ratnam, learned counsel for the
R4/United India Insurance Company
Limited.
This petition is filed by the
petitioner/claimants/R1 to R3 to vacate
the interim stay granted in I.A.No.1 of
2019 in M.A.C.M.A.No.465 of 2019, dated
09.09.2020 on the ground that due to the
interim stay granted by this Court though
R4/United India Insurance Company
Limited deposited 50% of their liability as
per orders passed by this Court in I.A.No.1
of 2019 in M.A.C.M.A.No.648 of 2019, they
are not in a position to withdraw the
money though they were permitted in the
appeal filed by R4/United India Insurance
2
SL. OFFICE
No. DATE ORDER NOTE
Company Limited.
A perusal of record which shows that
petitioners filed claim petition in
M.V.O.P.No.1015 of 2014 on the file of
Chairman, Motor Vehicle Accidents Claims
Tribunal-cum-X Additional District and
Sessions Judge, Anakapalle, claiming
compensation for death of Mr. Marri Rama
Rao in a Motor Vehicle Accident that
occurred on 06.11.2013. The Tribunal
passed orders awarding compensation of
Rs.7,00,000/- to the petitioners/claimants
with interest at 8% per annum which
jointly and severally liable to pay by R1 to
R4, who are driver, owner and two
insurance companies of Vehicle i.e., New
India Assurance Company Limited and
United India Insurance Company Limited.
Aggrieved by the orders passed by
Tribunal, R1/New India Assurance
Company Limited preferred
M.A.C.M.A.No.465 of 2019 wherein they
filed I.A.No.1 of 2019 seeking stay of
execution of judgment and decree in
M.V.O.P.No.1015 of 2014. Then the
learned Single Judge of this Court after
considering the submissions made by
learned counsel for R1/New India
Assurance Company Limited that as in
another appeal filed by R4, they already
said to be deposited 50% of decretal
3
SL. OFFICE
No. DATE ORDER NOTE
amount, granted interim stay of all further
proceedings in M.V.O.P.No.1015 of 2014,
dated 19.02.2019. It is not in dispute that
R4/United India Insurance Company
Limited also filed M.A.C.M.A.No.648 of
2019 wherein they filed I.A.No.1 of 2019
sought stay of operation of decree and
judgment in M.V.O.P.No.1015 of 2014,
wherein the learned Single Judge of this
Court passed orders granting interim stay
on condition to deposit half of the decretal
amount by R4/United India Insurance
Company Limited awarded by the Tribunal
within a period of eight (08) weeks. It is
the contention of the learned counsel for
the Petitioners/claimants that as per the
liability fixed by the Tribunal, R4/United
India Insurance Company Limited has
deposited only 25% of the amount out of
their liability of 50% i.e., a sum of
Rs.2,39,138/- but, due to interim stay
orders granted by this Court in I.A.No.1 of
2019 in M.A.C.M.A.No.465 of 2019 they
are not in a position to withdraw even that
amount though they are permitted to
withdraw the amount by this Court in
I.A.No.1 of 2019 in M.A.C.M.A.No.648 of
2019. Whether R4/United India Insurance
Company is right in depositing only 25% of
awarded amount though the liability is
jointly and severally as per orders of the
4
SL. OFFICE
No. DATE ORDER NOTE
Tribunal, which can only be decided in
M.A.C.M.A.No.648 of 2019. Now the fact
remains is that in view of the interim stay
orders granted by this Court in I.A.No.1 of
2019 in M.A.C.M.A.No.465 of 2019
petitioners/claimants are not in a position
to withdraw the money which already
deposited by R4/United India Insurance
Company Limited. For which learned
counsel, Mr. C. Prakash Reddy would
submit that they have no objection for the
petitioners to withdraw the said amount.
The learned counsel, Ms. Anuradha
representing on behalf of Ms. S.A.V.
Ratnam, learned counsel for the
R4/United India Insurance Company
Limited would submit that petitioners were
already permitted to withdraw the money
as per orders in I.A.No.1 of 2019 in
M.A.C.M.A.No.648 of 2019.
After considering the facts and
circumstances of the case as two separate
appeals have been preferred by the two
insurance companies wherein they moved
separate stay petitions and two separate
orders have been passed, as petitioners are
already permitted in I.A.No.1 of 2019 in
M.A.C.M.A.No.648 of 2019 to withdraw the
amount which R4 deposited before the
Tribunal, they can be permitted to
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SL. OFFICE
No. DATE ORDER NOTE
withdraw the amount with accrued
interest, which already deposited by
R4/United India Insurance Company
Limited in M.V.O.P.No.1015 of 2014 on the
file of Chairman, Motor Vehicle Accidents
Claims Tribunal-cum-X Additional District
and Sessions Judge, Anakapalle. Orders
passed in I.A.No.1 of 2019 in
M.A.C.M.A.No.465 of 2019 are modified to
that extent.
The interim stay petition will be
heard along with main appeal.
List the case after eight (08) weeks.
_______
BSS, J
M.A.C.M.A.No.468 of 2019
The learned counsel for the
appellant, Mr. C. Prakash Reddy
represented the case. The learned counsel
for the respondent/claimant Mr. V.
Sreemannarayana represented the case.
The learned counsel, Ms. P. Anuradha
represented on behalf of Smt. S.A.V.
Ratnam, learned counsel for R4/United
India Insurance Company Limited
represented the case.
List the case after eight (08) weeks.
_______
BSS, J
Pmk
SL. OFFICE
No. DATE ORDER NOTE
