The New India Assurance Co.Ltd vs Bondu Mutyalamma
2024 Latest Caselaw 7645 AP

Andhra Pradesh High Court - Amravati

The New India Assurance Co.Ltd vs Bondu Mutyalamma on 23 August, 2024

                                                                           SL-4
      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

           MAIN CASE : M.A.C.M.A.No.486 of 2024
                      PROCEEDING SHEET

Sl.     Date                                ORDER                                    OFFICE
No                                                                                    NOTE

3.    23.08.2024
                   BSB, J
                                    I.A.No.1 of 2024

                         This application has been filed to condone
                   delay of 47 days in filing the appeal against the
                   judgment,      dated      23.09.2022,         passed         in
                   M.V.O.P.No.999 of 2018 on the file of the Court
                   of VII Additional District Judge, Visakhapatnam,
                   FAC      XII         Additional      District          Judge,
                   Visakhapatnam.
                         Notice    on      the   counsel     for     the       1st
                   respondent     was      served,     but   there        is   no

appearance for the 1st respondent.

Another memo is filed by the learned counsel for the petitioner on 23.08.2024, i.e., today reporting that notices were served on respondents No.3, 6 & 7 as well. However, there is no appearance on their behalf.

For the reasons stated in the accompanying affidavit, the petition is allowed.

________________ B.S.BHANUMATHI, J

Continued...2

BSB, J

This application has been filed to grant interim stay of judgment and decree dated 23.09.2022, passed in M.V.O.P.No.999 of 2018 on the file of the Court of VII Additional District Judge, Visakhapatnam, FAC XII Additional District Judge, Visakhapatnam.

The learned counsel for the petitioner submitted the execution proceedings filed by the respondents 1 to 5 are being proceeded for arrest of the official of the petitioner/appellant. He further submitted that there are good grounds to succeed in the appeal since the Tribunal gravely erred in holding that the provisions of the Motor Vehicles Act are applicable as against the contention of the appellant that the provisions of the Workmen's Compensation Act would apply. Further, the age of the deceased was also disputed apart from other grounds taken in the grounds of appeal. He further submitted that the entire amount of compensation was deposited before the execution Court, but now the execution proceedings are being taken up for part of the interest and costs for which warrant is being issued.

Under these circumstances, interim stay, as prayed for, is granted.

________________ B.S.BHANUMATHI, J Contd..3

BSB, J

List the appeal after two months.

________________ B.S.BHANUMATHI, J RAR

BSB, J