UNITED INDIA INSURANCE COMPANY LIMITED v. JINKA VENKATA MUNI KAMALA JYOTHI KUMARI @ JYOTHI
MACMA/42/2024 · 2025-09-10
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2369 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2369 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010000942024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 42/2024 Between:
1. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, NEAR MURALI THEATER, KADAPA DISTRICT.
...APPELLANT AND
1. JINKA VENKATA MUNI KAMALA JYOTHI KUMARI JYOTHI, W/O JINKA RAVI, AGED ABOUT 42 YEARS, R/O D.NO. 10/156, TEACHERS COLONY, MYDUKUR ROAD, KOTHAPALLI PANCHAYATH, PRODDATUR MANDAL, KADAPA DISTRICT.
2. MOPURI RAMA DEVI, W/O CHINNA DASTAGIRI REDDY, R/O.
D.NO. 1-90, ULURU VILLAGE, YERRAGUNTIA MANDAL, KADAPA DISTRICT.
3. VENKATAPATHI VENKATESU, S/O THIMMAPPA, AGED ABOUT 33 YEARS, R/O. H.NO. 5-704/C, DEVANGAPETA STREET, PRODDATUR MANDAL, KADAPA DISTRICT.
...RESPONDENT(S): Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order passed in M.V.O.P.No.114 of 2017 on the file of the Chairman, Motor Accident Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 20th September, 2023. Counsel for the Appellant:
1. NARESH BYRAPANENI
2 CGR, J.
MACMA No.42 of 2024 Counsel for the Respondent(S):
1. V NITESH
The Court made the following:
3 CGR, J.
MACMA No.42 of 2024 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
M.A.C.M.A.No.42 of 2024
JUDGMENT:
Present appeal is filed assailing the order, dated 20.09.2023, passed in M.V.O.P.No.114 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Proddatur, Kadapa District, awarding compensation of Rs.1,21,706/- along with interest at the rate of 7.5% per annum from the date of presentation of petition till realization.
2. By aforesaid order, the Tribunal has further directed that the compensation amount so determined and awarded shall be paid by the insurer directly to the claimants, rather than being deposited before the Tribunal. Aggrieved by the aforesaid portion of the order, the present appeal is preferred.
3.
Learned counsel for the appellant, by placing reliance on the
judgment of the Hon’ble Apex Court in Bajaj Allianz General Insurance Co. (P) Ltd. v. Union of India1, which later came to be followed by a Co-ordinate Bench of this Court in M.A.C.M.A.No.242 of 2024, contended that the Tribunal ought not to have issued directions for depositing the compensation amount directly into the accounts or in
1 (2021) 17 SCC 530
4 CGR, J.
MACMA No.42 of 2024 favour of the claimants, rather than depositing the same before the Tribunal. He has also drawn the attention of this Court to Para Nos. 2.6 and 3 of the judgment of the Hon’ble Apex Court, referred supra, which read as under:
“2.6 The Insurer shall satisfy the award by depositing the awarded amount into a bank account maintained by the Tribunal by RTGS or NEFT. For this purpose the Tribunal shall maintain a bank account and record the relevant account details along with the directions for payment to the insurer in the award itself.
3. We direct that the aforesaid directions will apply across the country so that a uniform practice is followed.”
4. In view of the same, it is contended that the impugned order, to the extent of directing the payment of compensation to claimants directly, needs to be set aside.
5.
Learned counsel for the respondents/claimants does not dispute the aforesaid judgment, on which reliance has been placed.
6. Considering the guidelines prescribed by the Hon’ble Apex Court in Bajaj Allianz General Insurance Co. (P) Ltd. v. Union of India (supra), the order of the Tribunal, dated 20.09.2023, passed in M.V.O.P.No.114 of 2017, is hereby modified, directing the insurer to deposit the compensation amount before the Tribunal. Except for the aforesaid modification, the rest of the order and amount of compensation determined shall stand intact. Therefore, the appellant is
5 CGR, J.
MACMA No.42 of 2024
directed to deposit balance amount of compensation, deducting the amounts, if any, already deposited, within a period of four (04) weeks from the date of receipt of copy of this order.
7. Accordingly, the Motor Accident Civil Miscellaneous Appeal stands disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending consideration, if any in this case, shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date:11.09.2025. cs