Andhra Pradesh High Court - Amravati
Shriram General Insurance Company ... vs Nellore Kumar, on 15 November, 2024
ff
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR,
FRIDAY, THE FIFTEENTH DAY OF NOVEMBER |
TWO THOUSAND AND TWENTY FOUR
"PRESENT:
THE HONOURABLE MS JUSTICE B S BHANUMATH!
IA No. 2 OF 2024
IN
MACMA NO: 682 OF 2024
Belween:
Shriram General insurance Company Lid. Represented by is Aughorized
Siganatory, TO03-E-8,ERIP, Rico industries Ares, Siapura, Jaipur,
Rajasthan Stele, Having thelr branch offee af Sunshine Flare
Ramalingapuram, Nellore city.
. .PatitionerApopellani(s)
(Petitioner in MACMA 682 OF 2024
on the fle of High Court
AND
1. Nellore Kumar, S/o.Nellore Chenchaish Aged 45 years,
é. Nellore Lakshmi, Wo. Nellore Kumar, Aged 43 years.
Both are Rio.Padmanabha Satram, Talamanchi Village, Kodavalur
Mandal, SPSR Nellore District.
Respondents/Claimants
Chandra Satheesh Babu. S/o Venkata Subba Naidu Qwner of Lorry
bearing NO. AP 12 V 6497, Rfo.Naidu Street, AtmakurTown and
Mandal, SPSR Nellore District.
4, Shaik Munna, S/o.Bikari Saheb, Aged 39 years. Driver of Lorry bearing
No.AP 2 V¥ 8497, Rio. Nandavaram Village Marripadu Mandal, SPSR
Nellore District.
oom
..Respondenta/Reapondents
(Respondents in-co-)
Counsel for the Petitioner : SRI GUD! SRINIVAS
SSAA RRR
Gounsel for the Respondents {meme
Pettion under Section 181 of CPC is fled praying that in ihe
circumstances stated in the memorandum of grounds fled In support of the
petition, the High Court may be pleased fo grant stay of all further proceedings
pursuant to the decree and judgment dated the 19°" day of April, 2094 passed
M.VLO.P,No.544 of 2024 an the file of the Chairman, Motor Accidents Claims
TrQunal-Cum - If Additional Distriet Judge, Nellore, including execution
proceedings, Pending disnasal of MACMA Ne. 882 of 2094. an the file of the
High Court,
The court while directing issue of notice to the Respondenis herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order will be deearned fo be the receipt of
natice in the case).
ORDER:
"This petition is filed to stay all further proceedings pursuant to
the decree and jucgment dated 19.04.2024 passed inMVOP.No.S44 of
2027 on the file of the Chairman, Motor Accidents Claims Tibunal- Cum-
if Additional District Judge, Nellore.
The isarned counsel for the petitioner submitted that the death of
the deceased was not proved to be out of the injuries suffered in the
accident, as he died an #2082021, whereas the accident occurred an
7.022021. Nextly, he submitted that the tribunal falled to take Inte
account the contributory negligence of the deceased, and the amount of
compensation is also an high side, and the rate of inferest is aise high.
He further submited that without proof of income, the tribunal had taken
a huge amount of Rs.7,800/- pum as notional income.
in the light of the contentions stated In the affidavit and the
submissions noted above, interim stay is granted on the candition that
the pelifioner/anpellant shall depasit 80% of the amount as per the
Ly,
decree, within sight (08) weeks from the date of this order, faling which
the interim stay granted gets vacated without any further orders."
To,
Hn
ond
.
Sdi- N.NAGAMMA
ASSISTANT REGISTRAR
(TRUE COPY! fee,
For ASSISTANT REGISTRAR
. The Chairman, Motor Accidents Claims Tribunal Cum Additional
District Judge, Nellore
Nellore Kumar, S/o.Nellore Chanchalah Aged 45 years,
R/o.Padmanabha Satram, Talamanchi Village, Kodavalur Mandal,
OPSR Nellore District,
Nellore Lakshmi, Wo.Nellore Kumar, Aged 43 years. R/o.Padmanabha
Satram, Talamanchi Village, Kodavalur Mandal, SPSR Nellere District
Chandra Satheesh Babu., S/o. Venkata Subba Naidu Owner of Lorry
bearing NO. AP 12 V 8497, Ryo. Naidu Streel, AlrmakurTown and
Mandal, SPSR Nellore District,
Shaik Munna, S/o. Bikari Saheb, Aged 29 years. Driver of Lorry bearing
No. AP T2 ¥ 6497, Rio. Nandavaram Vilage Marrinadu Mandal, SPSR
Nellore Disticl. (2 to § By RPAD}
. One CC to SRE GUBI SRINIVASU Advocate [OPUC]
The Section Officer, CMA Section, High Court of Andhra Pradesh.
. One spare copy
ER
HIGH COURT
OSB, J
POST THE MATTER AFTER TWO (02) WEEKS
ORDER
IA NO.2 OF 2024
IN
MACMA.NG.682 af 2024
INTERIM STAY
