NEW INDIA ASSURANCE CO LTD Vs. SRIKAKULAPU AYYABABU

JUDGEMENT

(1.) THIS MACMA is preferred against an award, dated 23. 7. 2007, made in MVOP No. 846 of 2004 on the file of theviii Additional District Judge (Fast Track Court), Visakhapatnam along with an application MACMAMP No. 8919 of 2008 praying for condonation of delay of 273 days in filing the MACMA.

(2.) SRI Kota Subbarao, the learned counsel representing the appellant, made elaborate submissions contending that even though MACMA is at the unnumbered stage, this Court can exercise the discretion of granting interim stay, may be by imposing certain conditions. The learned Counsel had drawn the attention of this Court to the different provisions of the Motor Vehicles act, 1988 (hereinafter in short referred to as "the Act" for the purpose of convenience)and the Rules made thereunder and the relevant provisions of the Code of Civil procedure (hereinafter in short referred to as "the Code" for the purpose of convenience)and also placed strong reliance on several decisions to substantiate his submissions. Though in this matter, Sri Kota Subba Rao, the learned Counsel is appearing for the appellant, inasmuch as the other Standing counsel and the learned Advocates representing the other Insurance Companies and the Corporations also made elaborate submissions this Court heard in elaboration the under noted learned Counsel as well. Sarvasri A. V. K. S. Prasad, T. Ramulu, kota Subba Rao, P. Bhanu Prakash, maamu Vani, S. A. Jayanthi, A. Malati V. Srinivasa Rao, Jayathi S. C. Shaker, kalpana Ekbote, R. K. Suri, Sriman, s. A. V. Ratnam, Kambham Madhava Reddy, C. Prakash Reddy, Naresh Byrapaneni, w. V. S. Rajeswari, S. A. V. Ratnam, ch. Srinivas and Smt. E. G. Uma Devi and sri. R. K. Suri.

(3.) HEARD the learned Counsel.