Andhra Pradesh High Court - Amravati
The Oriental Insurance Co.Ltd., vs Talluri Amaresh on 13 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER,
TWO THOUSAND AND TWENTY FOUR
-PRESENT:
THE HONOURABLE MS JUSTICE B $ BHANUMATHI-
IA No. 1 OF 2024 :
IN
MACMA NO: 567 OF 2024
Between:
The Oriental Insurance Co.Ltd... Rep.by its Divisional Manager, Guntur
(insurer of Lorry bearing No. AP 03 U 1775), Policy No.
413500/31/201 3/9434, valid from 22.02.2013 to 21.02.2014.
...Petitioenr/Appellant
AND
1. Talluri Amaresh, S/o. Late Yesobu, Hindu, Aged about 37 years. R/o.
Koritipadu, Guntur, Guntur District.
2. Talluri Ramaiah, S/o. Late Yesobu, Hindu, aged about 35 years. R/o.
Koritipadu, Guntur, Guntur District.
3. P. Yesamma, W/o. Babu, aged about 29 years. R/o. Koritipadu, Guntur,
Guntur District.
4. G. Radha, W/o. Mohan Rao, aged about 35 years. R/o. Karitipadu,
Guntur, Guntur District.
5. K. Chandra Sekhar, S/o. Krishna Swami Naidu, R/o. D.No.62-32.
Pudugudian Satram, New Street, Thotapalem, Velluru, Tamilnadu State
Owner-cum- driver of the lorry bearing No. AP 03 U 7175
...Respondents/ Respondents
Counsel for the Petitioner :Sri P V V SATYANARAYANA
Counsel for the Respondent Nos. 1 to 5 > --- .
Petition under Order 41-Rule 5 of CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to grant stay of all further proceedings including
execution persuasion to Judgment and Decree passed in MVOP No. 1110 of
2018 on the file of the court of the Motor Accidents Claims Tribunal - cum- V
Additional District and Sessions Judge-cum-Special Judge for Trial of offence
against Women, Guntur pending disposal of MACMA No.567 of 2024, on the
file of the High Court.
"~The court while directing issue of notice to the Respondents 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 deemed to be the receipt of
notice in the case).
. ORDER:
"This application is filed to grant stay of all further proceedings
including execution pursuasion to judgment and decree passed in
MVOP.No.1110 of 2018 on the file of the Court of the Motor Accidents
Claims Tribunal-cum-V Additional District and Sessions Judge-cum-
Special Judge for Trial of offence against Women, Guntur pending
disposal of MACMA.
The learned counsel for the petitioner submitted that the claim
petition was filed seeking compensation of Rs.3,50,000/-, but the
Tribunal awarded excess amount of Rs.6,19,000/- with high rate of
interest. He further stated that the diseased himself was negligent in
crossing the road and caused accident, whereas the liberty is
erroneously fastened on both the respondents.
He further stated that the petitioners are not dependent on the
diseased.
Perused the record.
In the light of 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 awarded amount as per
To,
oO
Sdi-.B. CHITTY JOSEPH |
ASSISTANT REGISTRAR
ee
Saget Tee
SECTION OFFICER
Fora OO REGISTRAR
TRUE COPYi/
- The Motor Accidents Claims Tribunal - cum- V Additional District and
Sessions Judge-cum-Special Judge for Trial of offence against
Women, Guntur
Talluri Ramaiah, S/o. Late Yesobu, Hindu, aged about 35 years. Rio.
Koritipadu, Guntur, Guntur District.
P, Yesamma, Wo, Babu, aged about 29 years. Réo. Koritipadu,
(No's 2 tag by RPAD)
N
HIGH COURT
BSB,J
DATED: 13/09/2024
ORDER
{A No. 1 OF 2024
IN
MACMA NO: 567 OF 2024
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