The New India Assurance Company Ltd vs Kandikonda Sree Harsha Vardhan
2024 Latest Caselaw 133 AP

Andhra Pradesh High Court - Amravati

The New India Assurance Company Ltd vs Kandikonda Sree Harsha Vardhan on 3 January, 2024

               HIGH COURT OF ANDHRA PRADESH: AMARAVATI

       MAIN CASE:        M.A.C.M.A.No.277 of 2023


                                 PROCEEDINGS SHEET
Sl.     DATE                                   ORDER                               OFFICE
No.                                                                                 NOTE
7)    03.01.2024   GN,J & VN,J
                                         I.A.No.1 of 2023

                         We find from the cause-list that the notice sent to the

                   1st respondent/claimant is un-served and the postal

                   endorsement reads as 'not available'.

                         Learned counsel for the appellant would submit that

                   on the other hand, the 1st respondent/claimant is

                   actively pursuing the Execution Petition, which is

                   numbered as E.P.No.258 of 2023 pending on the file of

                   the     XII   Additional   District   and   Sessions   Judge,

                   Visakhapatnam.

                         In that view of the matter, we are constrained to infer

                   that the claimant is avoiding service. Hence, I.A.No.1 of

                   2023 deserves to be allowed.

                         Accordingly, I.A.No.1 of 2023 is allowed and the delay

                   of 82 days in filing the appeal is condoned.

                                         I.A.No.2 of 2023
                         It is seen that for the injuries suffered and for

                   amputation of one upper limb, a sum in excess of

                   Rs.53.00 Lakhs has been awarded. Out of the said sum,

                   an amount of Rs.25.00 Lakhs has been awarded as
 Sl.   DATE                           ORDER                                  OFFICE
No.                                                                          NOTE
             future expenses for purchase of artificial limb.     In our

             opinion, the amounts appear to be highly exaggerated.

               Hence, there shall be interim stay of operation and

             execution of the decree and judgment of the Tribunal in

             M.V.O.P.No.933 of 2016 on the file of the Chairman,

             M.A.C.T.-cum-XII   Additional   District     and   Sessions

             Judge,   Visakhapatnam,     subject     to   the   appellant

             depositing a sum, equivalent to the 50% of the award

             amount, along with proportionate costs before this Court

             within a period of four weeks from today.          The said

             amount shall be deposited in any Nationalized Bank and

             the Fixed Deposit shall be favouring the Registrar

             General, High Court of Andhra Pradesh, Amaravati, and

             the Fixed Deposit Receipt shall be placed with the

             Registrar General, High Court of A.P., Amaravati.

                            MACMA No.277 of 2023
                 Call for records from the lower court.
                 List the matter after four weeks.


                                                                  _______
                                                                   GN, J.

_______ VN, J. Note:

Issue C.C. by 04.01.2024. B/o cs