Shriram General Insurance Company ... vs Kilarivenkateswari
2024 Latest Caselaw 10362 AP

Andhra Pradesh High Court - Amravati

Shriram General Insurance Company ... vs Kilarivenkateswari on 15 November, 2024

    HIGH COURT OF ANDHRA PRADESH: AMARAVATI
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         MAIN CASE No: MACMA.No.654 of 2024

                   PROCEEDING SHEET

SL.   DATE                             ORDER                            OFFICE
NO.                                                                      NOTE
02. 15.11.2024   BSB, J
                                  I.A.No.1 of 2024
                         This petition is filed to condone the delay
                 of 98 days in representing MACMA.No.654 of
                 2024.
                         The respondents No.1 to 6 appeared

through advocate. Since the 7th respondent herein/1st respondent before the tribunal remained ex-parte, further notice to the 7th respondent is dispensed with.

For the reason stated in the accompanying affidavit, the petition is allowed.

___________________ B.S. BHANUMATHI, J

Admit appeal.

The registry is directed to call for lower Court record.

Post the matter after two (02) months.

___________________ B.S. BHANUMATHI, J

This petition is filed to stay the execution Contd...

                                                                   BSB, J



SL.     DATE                             ORDER                               OFFICE
NO.                                                                           NOTE

15.11.2024 of the decree and judgment in MVOP.No.57 of 2020 dated 06.03.2024 on the file of the Court of the Motor Vehicles Accidents Claims Tribunal Cum IX Additional District Judge, West Godavari, Kovvur.

The learned counsel for the respondents No.1 to 6 opposed to grant stay, but submitted that if the Court is inclined to grant stay, a condition may be imposed on the petitioner/appellant to deposit 75% of the amount awarded.

The learned counsel for the petitioner submitted that the driver of the crime vehicle i.e., two-wheeler had no valid driving license and that he had only licence to drive light motor vehicle. He further stated that the quantum of the amount awarded by the tribunal is high and that most of the claimants are married daughters and not dependent on the deceased and consequently the amount deducted towards personal expenses at the rate of 1/4th is incorrect and the same ought to be 1/3rd. The rate of interest is also disputed as high.

In the light of the contentions stated in the affidavit and the submissions noted above, interim stay is granted on the condition that the petitioner/appellant shall deposit 50% of the Contd...

                                                               BSB, J



SL.     DATE                           ORDER                          OFFICE
NO.                                                                    NOTE

15.11.2024 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 Nos.1 to 6/claimants are permitted to withdrawn the amount as per entitlement in the award without furnishing any security, however subject to the result of the appeal.

___________________ B.S. BHANUMATHI, J KMS