The New India Assurance Company Limited vs Karri Appalanarasa
2024 Latest Caselaw 10364 AP

Andhra Pradesh High Court - Amravati

The New India Assurance Company Limited vs Karri Appalanarasa on 15 November, 2024

    HIGH COURT OF ANDHRA PRADESH: AMARAVATI
                                                                      32
         MAIN CASE No: MACMA.No.677 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 13 days in filing the above MACMA in
                 MVOP.No.83/2018, dated 27.05.2024 on the
                 file of the Chairman, Motor Accident Claims
                 Tribunal-Cum-Special Sessions Judge for Trail
                 of cases under SC&ST Cases (POA) Act-Cum-
                 XI Additional District Judge, Visakhapatnam.
                        Await report on the service of notice on
                 1st respondent.

being represented by the 1st respondent, were served.

Notice on the 5th respondent was served. The 4th respondent died before the tribunal.

Await report of service of notice on 6th respondent/1st respondent.

The learned counsel for the petitioner stated that the notice of 6th respondent was returned yesterday with the endorsement refused and the same would be filed tomorrow. Contd...

                                                                    BSB, J



SL.     DATE                               ORDER                            OFFICE
NO.                                                                          NOTE

15.11.2024 She further submitted that the 6th respondent/1st respondent remained ex-parte before the tribunal.

No appearance has been made for any respondent.

In view of the above and for the reasons 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 suspend the decree & judgment made in MVOP.NO.83 of 2023, dated 27.05.2024 on the file of the Chairman, Motor Accident Claims Tribunal- Cum-Special Sessions Judge for Trail of cases under SC&ST Cases (POA) Act-Cum-XI Additional District Judge, Visakhapatnam.

The learned counsel for the petitioner contended that the driver of the lorry had only Contd...

                                                                 BSB, J



SL.     DATE                             ORDER                           OFFICE
NO.                                                                       NOTE

15.11.2024 license for driving light motor vehicle car, but he drove the heavy motor vehicle i.e., lorry, but the tribunal failed to take the same into account. The learned counsel for the petitioner submitted that the amount of claim is Rs.10,00,000/-, but the tribunal awarded Rs.17,40,000/- and the rate of interest at 9% is also 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 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.

___________________ B.S. BHANUMATHI, J KMS