The Oriental Insurance Company Ltd vs Gundabathina Sneha
2024 Latest Caselaw 6594 AP

Andhra Pradesh High Court - Amravati

The Oriental Insurance Company Ltd vs Gundabathina Sneha on 1 August, 2024

APHC010570312023

                    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: 363/2024
Between:
The Oriental Insurance Company Ltd and Others       ...APPELLANT(S)
                                  AND
Gundabathina Sneha and Others                     ...RESPONDENT(S)

Counsel for the Appellant(S):

1. DR SASTRY JANDHYALA Counsel for the Respondent(S):

1.

The Court made the following:

MACMA.No.363 of 2024

HIGH COURT OF ANDHRA PRADESH

MAIN CASE NO: MACMA No.363 of 2024 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE

01.08.2024 BSB, J

The notice was served on the counsel for R-1 and the proof has been filed, yet there is no appearance for R-1. Notices sent to R-2 and R-3 were also returned unserved. However, they remained ex parte before the tribunal. Hence, further notice to them is dispensed with by deeming sufficient service on them.

_________________ B.S.BHANUMATHI,J

This petition is filed to grant stay of all further proceedings against the decree and judgment dated 10.05.2023 in MVOP No.845 of 2018 on the file of the court of Chairman, Motor Accident Claims Tribunal- cum-I Additional District Judge, Eluru, West Godavari District.

The learned counsel for the petitioner submitted that the trial court erred in awarding huge amount of compensation with high rate of interest for the death of an old person on whom the claimant is not a dependant. He further submitted that the driver of the

offending vehicle had no valid driving licence and in that connection an Officer of the insurer was examined as R.W.1 and Senior Assistant, RTO office, Gudiwada was examined as R.W.2, yet, the tribunal had wrongly fastened the liability and directed to first pay and then recover.

Considering the submissions made and the contents of the affidavit in support of the petition, this Court is of the view and accordingly ordered that the interim stay as prayed for is granted, subject to condition of deposit of 75% 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