Andhra Pradesh High Court - Amravati
The Manager Legal vs K Janaki Laxmi on 8 November, 2024
APHC010268532024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
FRIDAY ,THE EIGHTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 476/2024
Between:
The Manager (legal) ...APPELLANT
AND
K Janaki Laxmi and Others ...RESPONDENT(S)
Counsel for the Appellant:
1. KORAGANTI SREENIVASARAO
Counsel for the Respondent(S):
1. N CHANDRA SEKHAR REDDY
The Court made the following:
MACMA.No.476 of 2024
HIGH COURT OF ANDHRA PRADESH
LM-1
MAIN CASE NO: MACMA No.476 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
08.11.2024 BSB, J
This petition is filed to condone the delay of 92
days in filing the MACMA.
Inspite of service of notices on R.1 to R.3 and
R.5, vakalat has been filed for R.2 and R.3 only. R.1
and R.5 have not chosen to make appearance.
R.2 and R.3 have not filed counter.
Heard the learned counsel for the
petitioner/appellant. No representation for R.2 and R.3.
Notices to R.4, 6 to 8 has been dispensed with
on 01.08.2024.
For the reasons stated in the affidavit, the petition
is allowed.
_________________
B.S.BHANUMATHI,J
This petition is filed to grant stay of the judgment
and decree dated 23.11.2023 in MVOP.No.182 of 2020
on the file of the court of Chairman, Motor Accident
Claims Tribunal-cum-VII Additional District Judge,
Kurnool.
The learned counsel for the petitioner/appellant
submitted that the case of the claimants is that the
accident occurred as the car insured by the appellant
herein hit the stationed tractor and trailor loaded with
sugar cane sticks stationed in the middle of the road at
mid night during winter without switching on parking
lights and taking any other precautions and so there is
no liability for the parties relating to the car as per the
decision of the Supreme Court in Archit Saini and
another Vs The Oriental Insurance Company LTD.
And others1. He further submitted that since the
parties relating to the tractor and trailor alone are
responsible for payment of the compensation awarded
by the Tribunal, as per the above decision, there is no
liability to the appellant.
He further submitted that the insurer of the tractor
and trailor also preferred appeal MACMA No.476 of
2024 and while granting order of stay by this Court, a
direction was given to the appellant therein to deposit
25% of the awarded amount treating the liability of the
said appellant as 50% out of the total amount of
compensation, and therefore, the interest of the
claimants is duly secured. However, he further added
that, if this Court is inclined to grant stay with any
condition to deposit amount by the present appellant as
well, the amount may not be permitted to withdraw by
the appellants/claimants as the liability itself is under
dispute.
(2018) 1 SCR 626
Considering all these submissions into account
and the grounds of appeal raised in view of the above
cited decision, the interim stay as prayed for is granted,
subject to condition of deposit of 25% 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
ADMIT.
Call for Lower Court record.
Post after two (2) months.
_________________
B.S.BHANUMATHI,J
PNV
