M/S. Shriram General Insurance Company ... vs Paladugu Venkataveera Bhaskar.
2024 Latest Caselaw 9233 AP

Andhra Pradesh High Court - Amravati

M/S. Shriram General Insurance Company ... vs Paladugu Venkataveera Bhaskar. on 4 October, 2024

                                                                            13
                   HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO :       M.A.C.M.A.No.653 of 2024
                               PROCEEDING SHEET
Sl.      Date                             ORDER                          OFFICE
No.                                                                       NOTE
                   BSB, J
01.   04.10.2024
                                     I.A.No.1 of 2024

                         This interlocutory application is filed to
                   condone the delay of 98 days in re-presenting
                   M.A.C.M.A.No.653 of 2024.

                         Heard.

                         For the reasons stated in the affidavit, the
                   petition is allowed.

                                               __________________
                                               B.S.BHANUMATHI, J

                                M.A.C.M.A.No.653 of 2024

                         Admit.

                         Notice to the respondents.

The learned counsel for the appellant is permitted to take out personal service of notice to the respondents Nos.2, 4, 5 and 6 through registered post with acknowledgment due and file proof thereof.

Notice to respondents Nos.1 & 3 is dispensed with as they did not contest before the Tribunal.

__________________ Contd..

B.S.BHANUMATHI, J

This interlocutory application is filed to stay the execution of the decree and judgment in M.V.O.P.No.63 of 2016 dated 03.10.2023 on the file of the Court of the Motor Vehicles Accidents Claims Tribunal Cum VIII Additional District Judge, West Godavari, Eluru pending disposal of the main M.A.C.M.A.

Learned counsel for the petitioner submitted that the Tribunal granted a huge amount of Rs.14,33,160/- for the death of a widow aged about 67 years and the claimants are the son and two daughters who are not dependent on her.

He further stated that the accident is out of the involvement of two vehicles and the claimants are also alleging negligence of the drivers in both vehicles, but the liability was fixed against respondents Nos.1 and 2 only.

For the reasons stated in the affidavit and the submissions noted above, interim stay as prayed for is granted on the condition that the petitioner shall deposit 25% 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.

__________________ B.S.BHANUMATHI, J PNS