Apsrtc vs Mudunuri Kumari
2024 Latest Caselaw 8451 AP

Andhra Pradesh High Court - Amravati

Apsrtc vs Mudunuri Kumari on 13 September, 2024

    HIGH COURT OF ANDHRA PRADESH: AMARAVATI
                                                                          12
         MAIN CASE No: MACMA.No.580 of 2024

                   PROCEEDING SHEET

SL.   DATE                                 ORDER                          OFFICE
NO.                                                                        NOTE
01. 13.09.2024   BSB, J

                                       I.A.No.1 of 2024
                       This petition is filed to condone the delay
                 of 9 days in filing the appeal against the
                 judgment        and     decree   passed    by    Motor
                 Accidents Claims Tribunal-cum-Principal District
                 Court, East Godavai at Rajamahendravaram
                 passed     in    MVOP.No.123        of    2023   dated
                 01.05.2024.
                       The learned counsel for the respondents

No.1 to 3/caveators/claimants reported no counter.

The 4th respondent is shown as not necessary party.

Since the delay is only 9 days and attributed to administrative reasons and the petition is not opposed, the petition is allowed as prayed for.

___________________ B.S. BHANUMATHI, J

This petition is filed to grant stay of Contd...

                                                                     BSB, J
                                                           MACMA.580 of 2024


SL.     DATE                              ORDER                              OFFICE
NO.                                                                           NOTE

13.09.2024 execution of decree passed Motor Accident Claims Tribunal-cum-Principal District, East Godavari at Rajamahendravaram passed in MVOP. No.123 of 2023, dated 01.05.2024.

The learned counsel for the respondents No.1 to 3/caveators/claimants reported no counter, however sought permission to withdraw the amount if deposited by the petitioner/appellant in the event of such direction being given while staying the impugned degree and judgment by this Court. He further submitted that the appellant is challenging mainly on the ground of quantum of compensation.

The appeal was preferred not only on the ground of quantum of compensation, but also on the ground that there is negligence on the part of the driver of the auto in which the deceased was travelled.

Considering the contentions on the both sides, interim stay as prayed for is granted on the condition that the appellant 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 is made, the claimants are Contd...

                                                               BSB, J
                                                     MACMA.580 of 2024


SL.     DATE                           ORDER                           OFFICE
NO.                                                                     NOTE

13.09.2024 permitted to withdraw the said amount as per their entitlement in the award without furnishing any surety, however subject to the result of the appeal.

___________________ B.S. BHANUMATHI, J

Admit appeal.

Registry is directed to call for the lower Court record.

Post the matter after two (02) months.

___________________ B.S. BHANUMATHI, J

KMS