Magma Hdi General Insurance Company Ltd vs Gutam Bhimudu
2024 Latest Caselaw 10076 AP

Andhra Pradesh High Court - Amravati

Magma Hdi General Insurance Company Ltd vs Gutam Bhimudu on 8 November, 2024

                HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: MACMA.No.687 of 2024                                             4
                             PROCEEDING SHEET

Sl.                                                                           OFFICE
         Date                                ORDER
No.                                                                            NOTE

01    08.11.2024
                   BSB, J
                                    MACMA.No.687 of 2024

                         Notice to the respondents No.3 and 4.

The learned counsel for the appellant is permitted to take out personal service of notice to the respondents No.3 and 4 through registered post with acknowledgment due and file proof thereof.

Post on 06.12.2024.

__________________ B.S.BHANUMATHI,J

This application is filed to grant stay of all further proceedings including the execution proceedings against the decree and judgment dated 26.06.2024 passed in M.V.O.P.No.23 of 2018 on the file of Court of Motor Accidents Claims Tribunal-Cum- IV Additional District and Sessions Judge at Tanuku, West Godavari District.

The learned counsel for petitioner submitted that the accident arose out of involvement of tractor and trailer both of which were insured with two different insurance companies arrayed as respondent No.2 and respondent No.3 before the Tribunal and that the deceased was sitting in trailer at the time of accident and therefore the Tribunal is in error in fascinating

Contd...

08.11.2024 liability on both the insurance companies. He further stated that the Tribunal erroneously granted high rate of interest at 9% per annum. As such, the appellant which insured the tractor challenges the award.

The learned counsel for respondents No.1 and 2/claimants contended that both the insurance companies are equally liable. He further stated that 9% is the rate of interest usually now being granted by all the Courts and therefore it is just and reasonable.

He further stated that the amount of compensation granted is Rs.6,23,200/- which is far low for a labourer aged about 22 years as he can earn a minimum of Rs.15,000/- per month and further total amount awarded is far low.

Since the hearing of the appeal would take further time and meanwhile if the decree is executed before final hearing the appeal, as the appellant would be put to hard ship, to balance the interest of both sides, interim stay is granted on condition that the appellant/respondent No.2 shall deposit 50% 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.

On such deposit, the respondents 1 and 2 are permitted to withdraw the amount without furnishing any security, however subject to the result of the appeal.

_________________ B.S.BHANUMATHI,J GRL