Cholamandalam M.S. General Insurance Co. Ltd., v. Saridewar Shivaram
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[ 26e8 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE SRI JUSTICE T VINOD KUMAR IA. No, I of2020 IN IA No. 1 OF 2019 IN MACMA NO: 3557 OF 2019 IA. No. I of2019 Between:
Cholamandalam M.S. General Insurance Co. Ltd.,, Represented by its Branch Manager, Branch Office at l-2-7312 @ 1-2-63 to 64, No. 302,3rd Floor, SR Arcade, Park Lane, Secunderabad - 500 003
...Petitioner
(Appellant in MACMA 3557 OF 2019 on the file of High Court) AND l.
Saridewar Shivaram, S/o Kamaiah, Occ- Nil, R/o Laxmapur Village, Presently R-/o H.No.6-24-3 1, Dubba, Nizamabad Saridewar Mamatha Rani, D/o Shivaram, Occ- Student fuo Laxmapur Village, Presently R/o H.No.6-24-3 1, Dubba, Nizamabad Saridewar Mahesh Kumar, S/o. Shivaram, Age 15 years, Occ- Student Saridewar Mahipal, S/o Shivaram, Age 14 Years, Occ- Student (Respondent Nos.3 and 4 are minors and are being Represented by their Father and Natural Guardian Saridewar Shivaram i.e. Respondent No.l herein) R/o Larmapur Village, Presently R/o H.No.6-24-3l, Dubba, Nizamabad Jinna Anjaiah, S/o. Shivaiah, Occ- Business -cum-Owner of Auto bearing No. AP 25 X 2002,Wo H.No.l-145l53, Pedda Kodapgal Village, Bichkunda Mandal, Nizamabad District Sayanna Anil Gaddam, S/o Narayana, Occ- Agriculture-cum-Owner of Tractor No. AP 25 R 6724, R /o H.No.2-32, Bichl<unda Village and Mandal, Nizamabad District ( Respondent Nos. 5 & 6 are not necessary parties to this petition) J
...Respondents/Respondents
(Respondents in-do-) Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of Order and Decree dated 1910712019 passed in M.V.O.P.No. 290 OF 2014 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal - Cum - VIII Additional District Judge, at Nizamabad, pending disposal of MACMA No. 3557 of 2019, on the file of the High Court. I.A. No. I of 2020 Between:
L Saridewar Shivaram, S/o Kamaiah, Occ- Nil, R"/o Laxmapur Village, Presently R/o H.No.6-24-3 1, Dubba, Nizamabad
2. Saridewar Mamatha Rani, D/o Shivaram, Occ- Student R/o Laxmapur Village, Presently R"/o H.No.6-24-3 1, Dubba, Nizamabad
3. Saridewar Mahesh Kumar, S/o. Shivaram, Age 16 years, Occ- Student
4. Saridewar Mahipal, S/o Shivaram, Age 15 years, Occ- Student (Respondent Nos.3 And 4 are minors and are being Represented by their Father and Natural Guardirur Saridewar Shivaram i.e. Respondent No.1 herein) R/o La.xmapur Village, Presently R/o H.No.6-24-31, Dubba, Nizamabad Petitioners/Respondent No. I to 4 in I.A No. I of 2019 (Respondents No I to 4 in MACNIA. No. 3557 of 2019 AND l. Cholamandalam M.S. General Insurance Co. Ltd.,, Represented by its Branch Manager, Branch Office a-. 1-2-7312 at 1-2-63 to 64, No. 302, 3rd Floor, SR Arcade, Park Lane, Secunderabad - :00 003 Respondent/Petitioner No. I in I.A. No. 1 of 2019 (Appellant in MACMA. No. 3557 of 2019)
2. Jinna Anjaiah, Sro. Shivaiah, Occ- Business -cum-Owner of Auto bearing No. AP 25 X 2002,No H.No. I-145/53, Pedda Kodapgal Village, Bichkunda Mandal, Nizamabad District
3. Sayanna Anil GaCdam, S/o Narayana, Occ- Agriculture-cum-O*mer of Tractor No. AP 25 R 6724. R/o Ft.No.2-32, Bichkunda Village and Mandal, Nizamabad District Respondents/Respondents No. 5 & 6 in I.A. No. I of 2019 (Respondents in do) Petition under Sectioo 15 I CPC praying that in the circumstances stated in the affidavit filed in support ofthe petition, the High Court may be pleased to permit the petitioner to withdraw the amount deposited in M.\'.O.P. No. 290 of 2014 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Vlll Additional District Judge at Nizamabad. by the vacating the interim stay granted by this Hon'ble Court on 30.12.2019 in IA. No. I of 201 9 in MACMA. No. 3557 of2019.
The petition coming on for hearing upon perusing the petition and affidavit and the counter affidavitfiledinsupport:hereofandorderoftheHighCourtdated30.l:l.2019madeinlA.No. of 2019 in MACMA. No. 3557 of 2019 antl upon hearing the argumems of Sri A. Ramakrishna Reddy, Advocate for the petitioner in I.A. No. 1 of 2019 and respondent No. I in I.A. No. I of 2020 a;rd Sri P. Radhive Reddy, Advocate for the petitioners in I A. No. I of 2020 and respondent No. I to 4 in I.A. No. 1 of 2019, the Court made the following ORDER:
"This applicati,rn ls filed to Permlt the petltioners-clalmants/respondents in the present appeal, to withdraw the amount deposited by the appellantlnsurance company, to the credit of MVOP No.29O of 2Ol4 on the frle of the MACT-cum-VII Additional Distrlct Judge, Nlzamabad, by vacating the interim order granted by this, Court in I.A.No.1 of 2O19 ln M.A.C.M,A.No.3557 of 2Ol9 dated 30.12.2O 19.
Heard learned counsel for the petitioners/respondents - claimants and the learned counsel fo,r the appellant-Insurance Company. It is seen frorl the record that petitioners - claimant Nos.3 and 4 are minors and hence, th,ey cannot be permitted to withdraw the amount deposited to the credit of the MI/OP.
Having regard to the reasons stated in the accompanying aflidavit, only petitioner Nos.1 and 2 are permitted to withdraw thelr proportlonate share of the amount deposited together wlth costs and interest, to the credit of MVOP No.290 of 2014, pursrrant to the interim order passed ln I.A..No.lof 2019 dated 3O.L2,2OL9, wlthout firrnlshing any security. However, it is made clear that such
withdrawal granted is without prejudlce to the rights end contentions of both the parties in the appeal.
The application is ordered accordingly."
$t)/- .ASS T.KRISHNA IST.qNT //TRUE COPY// SI'CTIO\ OFFICEIT To, l. The Chairman, Motor Accidents Claims Tribunal - Cum - VIII Additional District Judge, at Nizamabad
2. One CC to Sri A Ramakrishna Reddy Advocate [OPUC]
3. One CC to Sri P. Radhive Reddy, Advocate (OPUC)
4. One spare copy .,.4
IIIGI] COURT t'\ K.t DATED: 10.11.2020 OI].DER .; si, i !.^ tA. \o. I or 2020 IN lA No. 1 of 2019 ln NIACN{r\.\o.3557 ol 20I ) of,sclAL 6\ lsm'Ju o $'( 2f {., :PATC:
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