Andhra Pradesh High Court - Amravati
Reliance General Insurance ... vs Vysyraju Leela Rani on 11 October, 2023
HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
MAIN CASE No. M.A.C.M.A.No.925 of 2019
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
11.10.2023 AVSS,J & VJP,J
I.A.No.2 OF 2019 AND I.A.No.01 of 2023 IN
I.A.No.2 of 2019 IN M.A.C.M.A.No.925 of 2019
Heard Sri N.Rama Krishna, learned
counsel for the appellant/3rd respondent and
Sri Aravala Rama Rao, learned counsel for the
petitioners in I.A.No.1 of 2023 and Respondent
Nos.1 to 3 in the main appeal.
2. In the main M.A.C.M.A.No.925 of
2019, challenge is to the Order and Decree
passed by the Motor Accidents Claims
Tribunal-cum-Principal District Judge,
Srikakulam in M.V.O.P.No.491 of 2016,
dated 19.03.2019. The claimants/Petitioners
in I.A.No.01 of 2023, approached the Motor
Accidents Claims Tribunal-cum-Principal
District Judge, Srikakulam by way of filing
M.V.O.P.No.491 of 2016, claiming
compensation of Rs.42,00,000/- with interest
@ 18% per annum from the date of accident till
the date of payment and for costs. The
Tribunal, vide order impugned in the main
appeal granted total compensation of
Rs.42,00,000/- with interest @ 9% per annum
from the date of petition till date of deposit or
realization with costs. The Insurance
Company/3rd respondent in M.V.O.P.No.491 of
2016 filed the present appeal and a Coordinate
Bench of this Court in I.A.No.02 of 2019
granted stay of operation of the Judgment and
Decree in M.V.O.P.No.491 of 2016 subject to
the appellant depositing 50% of the
Decretal/awarded amount with proportionate
interest besides costs within a period of
Eight(8) weeks.
3. In terms of the said order, the
appellant/Insurance Company deposited the
said amount. By way of the present I.A.No.01
of 2023, the claimants are praying the Court to
vacate the interim order dated 17.09.2019.
As the main appeal is pending consideration
now and as the issues raised by the appellant
needs consideration in the main appeal and
the appellant/Insurance Company have
already deposited the amount as directed by
this Court in the order dated 17.09.2019 in
I.A.No.02 of 2019, keeping in view the nature
of controversy and the consideration explained
in the affidavit filed in support of I.A.No.01 of
2023, this Court deems it appropriate to make
the interim order dated 17.09.2019 passed in
I.A.No.02 of 2019 as absolute.
4. Accordingly, the interim order
dated 17.09.2019 in I.A.No.02 of 2019 is made
absolute. However, the claimants/petitioners
in I.A.No.01 of 2023 are permitted to withdraw
the amount already deposited by the appellant
pursuant to the order, dated 17.09.2019 in
I.A.No.02 of 2019, in accordance with the
arrangement made by the Tribunal in the
impugned Decree and Order.
5. Accordingly, both the I.A's are
disposed of.
________
AVSS,J
_______
VJP,J
M.A.C.M.A.No.925 of 2019
Post in the usual course for hearing.
________
AVSS,J
_______
VJP,J
TM
