The United India Insurance Company ... vs Burri Swaroopa And 9 Ors.
2024 Latest Caselaw 3851 Tel

Telangana High Court

The United India Insurance Company ... vs Burri Swaroopa And 9 Ors. on 20 September, 2024

      IN THE HIGH COURT OF JUDICATURE OF ANDHRA
                        PRADESH
                     AT HYDERABAD
       THURSDAY THE NINTH DAY OF MARCH TWO THOUSAND AND
SIX
                              : PRESENT :
             THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
                      MACMAMP NO. 1063 of 2006
                                   IN
                     MACMA. (SR).NO. 8025 OF 2006
Between:
The New India Assurance Company Ltd., rep. by its Divisional Manager,
Divisional Office, Besides SFC, Building, Near ZPP Office, Nizamabad.
                                        Petitioner
                                 (Appellant in MACMA. (SR) 8025 of 2006
                                  on the file of the High Court)
                                 AND
   1. Bakkolla Mysagoud S/o Rajagoud, aged 55 years Occ: Agriculture &
      TFT Society License Holder R/o Isaipet ( V), Machareddy (M),
      Nizamabad District.
   2. A. Mallaiah S/o Ramaiah age Major R/o. Thagarrai village Sulthanabad
      (M), Karimnagar Dist.
   3. E. Saidaiah S/o Anjaiah aged Major R/o C/o Pitla Gangaiah
      Anthampally (V), Bhiknur Mandal, Nizamabad district.
                                                                 Respondents
                                                        (Respondents in -do-)
COUNSEL FOR PETITIONER             Sri. K. VENKATA RAO

         Petition under Section 151 of CPC praying that in the circumstances stated
the affidavit file in support thereof the High Court may be pleased to stay the
operation of Decree and Judgment made in O.P. No. 1004 of 2001, dated
29-07-2005 on the file of the Motor Accident claims Tribunal cum VI
Additional District Judge, ( Fast Track Court ), Nizamabad at Kamareddy
pending MACMAMP. No. 960 of 2006 under Section 5 of Limitation Act to
condone the delay of 80 days in filing the MAMCMA(SR) No. 8025 of 2006 sought
to be preferred to the High Court against the order of the Court of the Motor
Accident claims Tribunal ( Fast Track Court ), Nizamabad at Kamareddy in
O.P. No. 1004/2001.

        The Court while directing issue of notice to the Respondents herein to show
cause 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 :

" There shall be interim stay, on condition that the petitioner deposits half of the amount awarded by the Tribunal, together with costs and interest, within a period of six (6) weeks from today. The amount deposited under section 173 of the Motor Vehicles Act shall also be taken into account.

On such deposit, the 1st respondent- claimant shall be entitled to withdraw the same without furnishing any security.

ASSISTANT REGISTRAR //TRUE COPY//

for ASSISTANT REGISTRAR To

1. Tthe Motor Accident claims Tribunal ( Fast Track Court ), Nizamabad at Kamareddy

2. Bakkolla Mysagoud S/o Rajagoud, aged 55 years Occ: Agriculture & TFT Society License Holder R/o Isaipet ( V), Machareddy (M), Nizamabad District.

3. A. Mallaiah S/o Ramaiah age Major R/o. Thagarrai village Sulthanabad (M), Karimnagar Dist.

4. E. Saidaiah S/o Anjaiah aged Major R/o C/o Pitla Gangaiah Anthampally (V), Bhiknur Mandal, Nizamabad district. (Addressees 2 to 4 BY RPAD)

5. 1 c.c. to Sri. K. VENKATA RAO ADVOCATE OPUC

6. 1 SPARE COPY

ags

HIGH COURT

LNR J

DATE: 09-03-2006

ORDER

MACMAMP. NO. 1063 OF 2006 IN MACMA(SR) NO. 8025 of 2006 Interim stay

AGS Drafted on 18-03-2006

HIGH COURT

LNR J

DATE: 09-03-2006 ORDER

MACMAMP. NO. 1063 OF 2006 IN MACMA(SR) NO. 8025 of 2006

Interim stay