Andhra Pradesh High Court - Amravati
The Divisional Manager, vs Bedala Bandaru Kullayappa, on 13 September, 2024
1
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
74
MAIN CASE No: M.A.C.M.A.No.517 of 2024
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
02. 13.09.2024 BSB, J
I.A.No.1 of 2024
This interlocutory application is filed to
condone the delay of 49 days in filing the
M.A.C.M.A. against the decree and judgment dated
05.03.2024 passed in M.V.O.P.No.27 of 2023 on the
file of Motor Vehicle Accidents Claims Tribunal-Cum-
Principal District Judge, Ananthapuramu.
The learned counsel for the
petitioner/appellant stated that notices were sent to
respondent Nos.1 to 7 and the learned counsel who
appeared for respondents/claimants before the
Tribunal and that notices were received by the
respondent Nos.1 to 6 and the learned counsel
before the Tribunal.
Since the notice to respondent No.7 sent to
the address as given before the Tribunal, it is treated
as proper service.
As none of the respondents who received
notice has appeared and opposed the petition and
for the reasons stated in the affidavit, the petition is
allowed.
__________________
B.S. BHANUMATHI, J Contd...
BSB,J
SL. DATE ORDER OFFICE
NO. NOTE
This interlocutory application is filed to grant
stay of all further proceedings pursuant to the
decree and judgment dated 05.03.2024 passed in
M.V.O.P.No.27 of 2023 on the file of the Motor
Vehicle Accidents Claims Tribunal-Cum-Principal
District Judge, Ananthapuramu, including execution
proceedings, pending disposal of the main
M.A.C.M.A.
The learned counsel for the petitioner
submitted that the claimants asked compensation of
Rs.20,00,000/- whereas the tribunal awarded
compensation of Rs.17,68,000/- in respect of the
death of a housewife and that the claimants are
husband, two married daughters, one major son and
one minor son.
He further submitted that the tribunal has
erroneously taken higher amount of notional income
for a homemaker and granted huge amount of
compensation. He further stated that the tribunal
failed to notice that accident occurred due to
negligence of the decease herself but not that of the
driver of the insured vehicle.
Perused the record.
In the light of the contentions, interim stay as
prayed for, is granted on the condition that the
petitioner/appellant shall deposit 50% of the amount Contd...
BSB,J
SL. DATE ORDER OFFICE
NO. NOTE
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
Admit appeal.
The Registry is directed to call for the lower
court record.
Post the matter after two (02) months.
__________________
B.S. BHANUMATHI, J
DSV
