Andhra Pradesh High Court - Amravati
New India Assurance Company Ltd vs Panithi Jhansi on 30 August, 2024
APHC010106202024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
FRIDAY ,THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 439/2024
Between:
New India Assurance Company Ltd ...APPELLANT
AND
Panithi Jhansi and Others ...RESPONDENT(S)
Counsel for the Appellant:
1. NARESH BYRAPANENI
Counsel for the Respondent(S):
1. SIVA PRASAD KATAKAMSETTY
The Court made the following:
MACMA.No.439 of 2024
MAIN CASE NO: MACMA No.439 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
30.08.2024 BSB, J
This petition is filed to condone the delay of 110
days in re-presentation of M.A.C.M.A.439 /2024 filed
against the Judgment and award in M.V.O.P.No. 471
of 2018 on the file of the Chairman, Motor Accidents
Claims Tribunal -Cum- II Addl. District & Sessions
Judge, Guntur, dated 8 September, 2023.
The learned counsel for the respondents no.1 to
3 reported no counter.
For the reasons stated in the affidavit, the petition
is allowed.
_________________
B.S.BHANUMATHI,J
This petition is filed under Section 151 CPC to
grant stay of operation of the decree and Judgment in
M.V.O.P.No. 471 of 2018 on the file of the court of
Chairman, Motor Accidents Claims Tribunal -Cum- II
Addl. District & Sessions Judge, Guntur, dated
8.09.2024, pending disposal of the main C.M.A.
The learned counsel for the respondents no.1 to 3
reported no counter, however he requested to direct the
petitioner/appellant to make deposit of the amount of
compensation, if the court is inclined to grant stay and
further to permit the respondents no.1 to 3/claimants to
withdraw the amount deposited as per the entitlement
directed in the award.
In the light of the above statements, for the
reasons stated in the affidavit and the grounds raised in
the appeal, a conditional order of stay 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.
The respondent no.1 is permitted to withdraw the
proportionate amount deposited by the appellant to the
credit of MVOP No.471 of 2018 in accordance with the
arrangement made by the Tribunal in the impugned
award, without furnishing any security, subject to result
of the appeal. The amount of proportionate share of
the respondents no.2 and 3 shall be kept in the fixed
deposit as per the direction in the award.
_________________
B.S.BHANUMATHI,J
Post after two (2) months. Call for the LCR.
_________________
B.S.BHANUMATHI,J
PNV
