Andhra Pradesh High Court - Amravati
Bajaj Allianz General Insurance ... vs Avala Thirupathi on 30 August, 2024
HIGH COURT OF ANDHRA PRADESH: AMARAVATI 16 MAIN CASE No: M.A.C.M.A.No.478 of 2024 PROCEEDING SHEET SL. DATE ORDER OFFICE NO. NOTE
04. 30.08.2024 BSB, J I.A.No.2 of 2024 This petition is filed to grant stay of operation of the decree and judgment in M.V.O.P.No.240 of 2020 on the file of the Motor Accidents Claims Tribunal-Cum-IV Additional District Judge, Nellore, dated 15.09.2023.
The learned counsel for the petitioner submitted that the petitioner has good ground to win the appeal as there is ample evidence indicating that the insured vehicle was wrongly implanted to make a claim. In this regard he referred to the inordinate delay in lodging the complaint on 31.07.2019, registered on 01.08.2019 for the accident occurred on 10.07.2019, that is 20 days after the accident. He further submitted that as per the complaint, the deceased was travelling on the motor cycle of her son/complainant and she received the fatal injuries when she slipped from the motor cycle and that thereafter she was first taken to Simhapuri hospital and was treated there from Contd...
2 BSB, J MACMA.No.478 of 2024 SL. DATE ORDER OFFICE NO. NOTE
30.08.2024 10.07.2019 to 31.07.2019 on which date she was discharged for better treatment and admitted in the government hospital in Nellore, whereas the medical report of Simhapur hospital shows that the deceased was admitted in that hospital on reference from the government hospital, Nellore. In addition, thereto, he submitted that the driver of the insured vehicle had no valid driving licence and for these reasons, the insurance company has no liability at all, but was made to pay compensation to the claimant who is no other than the husband of the deceased.
The medical history of the injury recorded in the Simhapuri hospital shows that she received the injury in motor vehicle accident, but the same is silent as to the other details. As rightly contended by the learned counsel for the petitioner, the fact whether the petitioner was first taken to the government hospital or straight away brought to Simhapuri hospital is doubtful and requires adjudication. But the fact that the deceased received injury when she fell down from the bike on 10.07.2019 is prima facie clear. If the offender is unknown person and the vehicle is unknown vehicle, the same could have been clear from the record, if so noted.
Contd...
3 BSB, J MACMA.No.478 of 2024 SL. DATE ORDER OFFICE NO. NOTE
30.08.2024 Therefore, on assessment of all these facts, this Court of the view that a detailed hearing in appeal is required, but at the same time it cannot be prima facie understood that the vehicle is wrongly implanted. Therefore, the impugned judgement and decree is ordered to be stayed subject to deposit 50% of the awarded amount as per the decree by the appellant within eight (08) weeks from the date of this order, failing which the interim stay granted gets vacated without any further orders.
List on 27.09.2024.
___________________ B.S. BHANUMATHI, J KMS