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2023 Supreme(AP) 654

RAVI NATH TILHARI, K. MANMADHA RAO
United India Insurance Company Limited – Appellant
Versus
Undamatla Varalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Naresh Byrapaneni.

ORDER :

1. Heard Sri Naresh Byrapaneni, learned counsel for the petitioner/appellant.

2. M/s. United India Insurance Company Limited has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 (in short “MV Act”) challenging the award of the Motor Accidents Claims Tribunal-cum-V Additional District and Sessions Court, East Godavari at Rajamahendravaram (in short “the Tribunal”) dated 14.09.2022, passed in M.V.O.P.No. 324 of 2018, partly allowing the claim of the claimants/respondents 1 to 5.

3. The appeal is barred by limitation.

4. I.A.No. 1 of 2023 is for condonation of delay in filing the appeal.

5. This I.A.No. 2 of 2023 is an application for grant of stay of operation of the decree and judgment dated 14.09.2022 in M.V.O.P.No. 324 of 2018 till disposal of the appeal.

6. Sri Naresh Byrapaneni, learned counsel for the petitioner/appellant submitted that though the appeal is barred by limitation and I.A.No. 1 of 2023 is yet to be decided finally, the appellant may be granted stay of execution of the award/decree of the Tribunal. He submitted that there is no bar in grant of stay of execution of the decree/award during pendency of the application for condonation of delay in fi

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