Shriram General Insurance Company ... vs Smt Pulaparthi Venkata Ramana
2024 Latest Caselaw 6590 AP

Andhra Pradesh High Court - Amravati

Shriram General Insurance Company ... vs Smt Pulaparthi Venkata Ramana on 1 August, 2024

APHC010282102024

                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                   [3311]
                           (Special Original Jurisdiction)

                   THURSDAY ,THE FIRST DAY OF AUGUST
                    TWO THOUSAND AND TWENTY FOUR
                                PRESENT
            THE HONOURABLE MS JUSTICE B S BHANUMATHI
  MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 429/2024
Between:
Shriram General Insurance Company Limited                  ...APPELLANT
                                   AND
Smt Pulaparthi Venkata Ramana and Others               ...RESPONDENT(S)

Counsel for the Appellant:

1. A JAYANTHI Counsel for the Respondent(S):

1. A VEERASWAMY The Court made the following:

MACMA.No.429 of 2024

HIGH COURT OF ANDHRA PRADESH

MAIN CASE NO: MACMA No.429 of 2024 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE

01.08.2024 BSB, J

This petition is filed to grant stay of all further proceedings against the decree and judgment dated 02.11.2023 in MVOP No.9 of 2018 on the file of the court of Chairman, Motor Accident Claims Tribunal-

cum-X Additional District Judge, Narsapur, West Godavari District.

The learned counsel for the petitioner/appellant submitted that the petitioner declines the liability as the deceased was an unauthorised passenger in a goods vehicle i.e. crime lorry and no premium was paid under the policy towards any passenger and the deceased was not a owner of the vehicle being carried in the vehicle. In this regard, she further submitted that R.W.1/owner of the vehicle stated that the deceased was not engaged as an employee, however, the tribunal erred in fastening the liability on the insurance company as well. She further stated that the tribunal granted high rate of interest @ 9% p.a. In view of the submissions made and the grounds taken in the appeal and the facts mentioned in the affidavit, interim stay as prayed for is granted, subject to

condition of deposit of 50% of the decretal amount before the Tribunal within eight (8) weeks from this order, failing which the stay gets vacated without any further order.

_________________ B.S.BHANUMATHI,J

Post after two (2) months.

_________________ B.S.BHANUMATHI,J

PNV