Bandi Sambaiah vs Gujjarlapudi Santhi
2023 Latest Caselaw 4423 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
          MAIN CASE No. M.A.C.M.A. No.428 of 2021
                      PROCEEDING SHEET

Sl.      DATE                             ORDER                           OFFICE
No.                                                                        NOTE
 04.   21.09.2023   BSS, J
                                 I.A. No.2 of 2023
                         I have heard learned counsel for the
                    petitioner, Mr. P. Pavan Kumar as well as
                    learned counsel Mr. D. Praveen Kumar,
                    representing on behalf of Mr. Challa
                    Srinivasa Reddy, learned counsel for the
                    respondent/appellant.

This petition is filed by the petitioners/claimants seeking permission to withdraw the amount, which deposited by the respondent as per the orders passed by this Court in I.A. No.2 of 2021 on 18.08.2021.

This Court passed orders in I.A. No.2 of 2021, which reads as under:-

I.A. No.2 of 2021 "Heard the learned counsel for the petitioner/appellant and perused the material available on record.

There shall be interim stay of operation of the decree and judgment dated 01.03.2021 in M.V.O.P. No.185/2016 on the file

of the Motor Vehicle Accidents Claims Tribunal - cum - VIII Additional District Judge, Ongole, Prakasam District on condition of depositing 50% of the decretal amount along with proportionate interest and costs within a period of eight (8) weeks from today."

Admittedly, respondent said to be deposited 50% of the decretal amount along with proportionate interest and costs before the Tribunal as per the conditional orders passed by this Court. The claim petition has been filed by the petitioner for the death of their sole earning member in the motor vehicle accident.

After considering the contention of the petitioners, as petitioners have not received any compensation though Tribunal awarded the same to them on 01.03.2021, this Court is of an opinion that it is a fit case to permit the petitioners to withdraw their share of compensation amount as determined by the Tribunal in M.V.O.P. No.185 of 2016 except the compensation awarded to 2nd minor petitioner.

contd.,

In the result, this petition is allowed. The petitioners are permitted to withdraw the compensation amount deposited by the respondent before the Tribunal except compensation apportioned to 2nd minor petitioner.

_______ BSS,J I.A. No.1 of 2023

Since, I.A. No.2 of 2023 is allowed permitting the petitioners to withdraw the compensation amount as deposited by the respondent, this petition is dismissed.

_______ BSS,J I.A. No.2 of 2021 Since, petitioner / appellant complied the conditional order passed by this Court by depositing the amount before the Tribunal, this petition is allowed. Interim stay already granted is hereby made absolute.

_______ BSS,J

M.A.C.M.A. No.428 of 2021

The learned counsel Mr. Praveen Kumar, represented on behalf of Mr. Challa Srinivasa Reddy, learned counsel contd,

for the appellant. The learned counsel Mr. Pavan Kumar, represented for respondent.

List the case after eight (08) weeks under the caption of "Hearing".

_______ BSS,J

MVK