Magma Hdi General Insurance Company ... vs Buttala Satyanarayana
2024 Latest Caselaw 10070 AP

Andhra Pradesh High Court - Amravati

Magma Hdi General Insurance Company ... vs Buttala Satyanarayana on 8 November, 2024

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        HIGH COURT OF ANDHRA PRADESH: AMARAVATI

            MAIN CASE No: M.A.C.M.A.No.625 of 2024

                       PROCEEDING SHEET

SL.   DATE                             ORDER                         OFFICE
NO.                                                                   NOTE
03. 08.11.2024   BSB, J

                                I.A.No.1 of 2024

                       This petition is filed to condone the delay
                 of 37 days in filing of the appeal against the
                 decree and judgment dated 22.04.2024 in
                 M.V.O.P.No.202 of 2019 on the file of Motor
                 Accidents    Claims    Tribunal-Cum-IX   District
                 Judge Kovvur, West Godavari District.

                       Respondent No.1 has made appearance

through counsel by filing caveat petition. Counter has not been filed.

by the Court were not returned.

Notices sent by the learned counsel for the petitioner to respondents No.2 and 3 were returned unserved with an endorsement 'addressee left' as per memo letter dated 07.11.2024 vide USR. No.100749. Though they filed written statement, they did not lead any evidence before the tribunal. Since notices were sent to them to the address as given before the tribunal, service of notice to them is deemed Contd...

                                                                    BSB, J


SL.   DATE                            ORDER                              OFFICE
NO.                                                                       NOTE

sufficient. Hence, further notice to respondent Nos.2 & 3 is dispensed with.

Heard learned counsel for the petitioner.

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

__________________ B.S. BHANUMATHI, J

This petition is filed to stay all further proceedings including the execution proceedings, if any, against the decree and judgment dated 22.04.2024 in M.V.O.P.No.202 of 2019 on the file of Motor Accidents Claims Tribunal-Cum-IX District Judge Kovvur, West Godavari District.

Learned counsel for the petitioner/appellant submitted that the tribunal awarded huge amount of compensation under different heads and failed to properly appreciate the evidence and that the claimant was negligent and contributed to the accident.

Respondent No.1/claimant has not filed counter.

Considering the submissions made and grounds of appeal, interim stay as prayed for is

BSB, J

SL. DATE ORDER OFFICE NO. NOTE granted on the condition that the appellant shall Contd... deposit 60% of the awarded amount as per the decree within eight (08) weeks from the date of this Order, failing which, the interim stay granted gets vacated without any further orders.

Post after two (02) months.

__________________ B.S. BHANUMATHI, J DSV