Citation : 2024 Latest Caselaw 387 AP
Judgement Date : 9 January, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINTH DAY GF JANUARY,
TAWO THOUSAND AND TWENTY FOUR
*PRESENT:
THE HONOURABLE SRI JUSTICE G.NARENDAR
AND
THE HONQURABLE SRI JOSTICE NYAPATHY VIUAY
IA No, TOF 2023
iN
iA No.g OF 2022
IN
MACMA NO: 825 OF 2022
Sobvean:
S.Ruthwik @ Hruihik R., Aged about 17 years, Represented by R. Shantha mother
and natural guardian of minor, Resiied Ar D.No 22, Gurappa Building, RV Road,
Rasaveanagudl, Bangalore South-560004, Karnataka State, Presently residing at
D.NotQ@UA, Railway Quarters, East Colony, ORS, Tdupatll Chittoor District. Ryo.
Gorania, Guntur Rural Mandal, Guntur District.
-.Patitioner/Reapondant No.)
AND
1. National Insurance Go.Lid, Rep by tts Legal Manager, Tirupathi, Chitoor
Cistrict.
» _RespondenlAppelant
2. R. Dinesh, Sfo Rangaewamy, Hindu, Agad 28years, Residing al D.No 4-473,
T Andipalayarn Vilage, Thangutipalayam Taluk, Tirupaur District, Pin-
M411065 Taminadu State,
3. M/s Hotel Ramachandara, Rep by tts Managing Partner by narne J. Bindu
(Hypothecatead the crime vehinie with Royal Sundaram Finance} having office
at D.No.30, Mount Road, Ceoncar, The Niigiris, Tamilnadu. Pin-643102.
. Respondenta/Respondants
Patiion under Section 151 CRO praying that in the cirournstances stated in
the mesniorandum of grounds fied in support of the petition, the High Court may be
dieased to vacate the interim order dated 16.02 2023 granted in LA No.Z of 2022 in
MACMA No. 529/2082 by permitting the petitioner / respondent No.7 to withdraw an
amount of Re24d,19.407/ which is lying in chal court deposit to the credit of the
MVOP No. t06/2077 on the fle of MACT-cum-X Addl District Judge, Tirupats,
Pending dispasal of MACMA No. 828 of 2022, on the fie of the High Court.
iA Nog OF 2028
Between:
National insurance Ga Lid, Rep by its Legal Manager, Tirupathi, Chiteor District.
Petitioner
AND
Y. KORufhwik @ Hruthik R., Aged about 17 ysars, Represented by R. Shantha
mother and natural quarcdian of minor, Resided At D No 2s, fsurappa Building,
RY Road, Basavanagud!, Bangalore South-560004, Karnataka State,
Presently residing at O.No. 1O1/A, Railway Quarters, East Colony, CRS,
Triupatl Chiffleor District. Réa, Gorantla, Guntur Rural Mandal, Guntur Oistrict,
2. &. Dinesh, S/o Rangaswamy, Hindu, Aged 2Ayears, Residing at D.No.4-473,
Y Andipalayarn Village, Thongutipalayam Taluk Hrupaur District, Fin-
$4 1665 Tarminadu State.
M/S Hotel Ramachandara, Rep by iis Managing Pariner gy name J. Bindu
{ ( Hypothecated the orlme vehicle with Royal Sundaram Finance) having office
at D.No.3Q, Mount Road, Coonoor, The Nilgiis Tamilnadu. Pin-O43 402.
. Respondents
tin the circumatances stated in
G25
She
Petition under Section
Crs praying the
ihe memorandum of grounds § iA suoport of the o petit ian, the High Court may bea
msaacd to grant stay of the execution of the Decres and judgment dated 02-05-2028
at
on the fie of Moter Acciient Cisims Trbural -cume x-Addifional [Netrict Judge
Tirupati passed in MALOLP Ne. 166 of 2047, Pencing disposal of MAGMA No. S28
of 2022, on the fie of the High Court.
z
The petition coring on for hearing, upon perusing the Palen and the
meriorandum of grounds fled in SUE apart thereof and the order of the High Court
dated 16.02 2025 made in in A.No 2 of 2082 and upon hearing the argumenis of Sri S
Varadarajulu Chetty, Advocate for the Petitioner herain/Respondent Nad in LANo.o
af 2022 and of Sri Siren Kumar Haligamsett, Advocate for the Respandent No.1
herein' Pattioner in LANo.2 of 2022. the Court made the follow! ING
ORDER:
"This is an application Med to vacate the interim order of stay paased by
this Court in LAL No, 2 of 2022, dated 16.02.2034,
Having heard the jearned Counsels for both parties and for equitable reasons, this Court modifies the interim order, dated 18.02.2023, passed in 1A. No.g of 2022 aa uncder:-
i} The MLA. T.-cum-X Additional Olstrict Judge, Tirupati, shall depasit the amount deposited by the Appellant pursuant te the Interim order, dated 16.02.2023, paesed in LA. No. 2 of 2022, ae a recurring fixed deposit in a Nationalized Bank.
ii} The Claimants shail be entitied for the interest accrued thersin fromm Ume-to- me subject to further orders af this Court."
SDV. B.PRASAD RAO ASSISTANT REGISTRAR
NTRUE COPY! eta For ASSISTANT REGISTRAR
¥o, Y. The Chaiman, Motor Accicent Claims Tribunal -cum- X-Addional Cisirie Judge Trrupall.
oe
it
R. Shantha mother and natural guardian of minor, &. Ruthwik @ Hruthis &., § ie
Ayed about 1? years, Resided At O.No 22, Gurapps Building, RV Resd,
Basavanagudl, Bangalore Sauth-SAG0G4, Karnataka State, Presently residing at D.No GVA, Railway Quarters, East Colony, CRS, Thupati Chittoor District. RYo. Gorantia, Guntur Rural i Jandal, Guntur District.
R. Oinash, S/o F tn Hi ndu, Aged 2Oyears, Residing at D.No 4-475, T Andipalayarn Vdlage, Thongutloaiayam Taluk, Trupaur District, Pine 641655 Tamilnadu State.
J. Bindu, Managing Partner, M/S Hotel Ramachandara, { Hypothecated the crime vehivie with Royal Sundaram Finance) having offies af D.No.40, Mount Road, Coonocr, The Niigiris, Tamilnadu. Pin-640 102.
The Legal Manager, National Insurance Co Lid, Tirupathi, Chilo
Disiicl (Addressee nas.2 to § by RPAD
One CC to Sri Kiran Kumar Bali igamsetti, Advocate fOPUC)
Gne OC to Sri S Varadarajulu Chetly, Advocaie [OPUCI
Two spare copies,
HHGH COURT
ON & ¥NL
DATED OS/OT/ 2024
LIST THE APPEAL AFTER FOUR (4) WEEKS.
ORDER No. POF 2023 iN
iA No.g OF 2022 iN
MACMA NO: 828 OF 2022
DIREC THON
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