IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 608 OF 2024 Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the order passed in M.V.O.P. No. 30 of 2017 on the file of the Chairman, Motor Claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur, dated 07th February, 2023. Between: United India Insurance Company Limited, Rep.By its Branch Manager, Branch Office, Korrapadu Road, Proddatur town and Mandal, Kadapa District. ...Appellant/Respondent No.2 AND 1. Ande Dibbaiahgari Pedda Obulesu, S/o Chennaiah, Aged 40 years, R/o Bandivaripalle village, Mydukur Mandal, Kadapa District. ...Respondent/Petitioner 2. S. Khader Basha, S/o Jeelani, R/o D. No.10/174-A, Mahaboobnagar, Mydukur town and Mandal, Kadapa District. ...Respondents/Respondents lA NO: 2 OF 2024 Petition under Order XLI Rule 5 R/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of operation of the decree and Judgment in M.V.O.P. No. 30 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur, dated 7*^ February, 2023, pending disposal of the main C.M.A. Counsel for the Appellant: SRI NARESH BYRAPANENI Counsel for the Respondent No.1: SRI CHAKRAVARTHY P V S K Counsel for the Respondent No.2: None Appeared The Court made the following: JUDGMENT 0. ^9 APHC010384492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HEJS [3311] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 608/2024 Between; ...APPELLANT United India Insurance Company Limited AND ...RESPONDENT(S) Ande Dibbaiahgari Pedda Obulesu and Others Counsel for the Appellant: 1.NARESH BYRAPANENI Counsel for the Respondent(S): 1. CHAKRAVARTHY P V S K The Court made the following: 2 % MACMA.No.eOS of 2024 JUDGMENT: Admit appeal. The appeal was filed against the award and decree dated 07.02.2023 in M.V.O.P.No.30 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-ll Additional District Judge, Kadapa at Proddatur, granting compensation of Rs.7,50,000/-, with interest @7.5% per annum from the date of the petition i.e., 19.01.2017 till the date of realisation (and advocate’s fee of Rs.4,000/-) and further directing the 2"^ respondent/appellant to pay Rs.4,00,000/- with accrued interest out of Rs.7,50,000/-, directly to the claimant and furnish the proof before the Tribunal for the purpose of the record. 02. The learned counsel for the appellant submitted that the appellant is aggrieved by the direction of the Tribunal to directly pay the amount to the claimant as against the decision of the Supreme Court in Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India & others\ wherein it was held at para Nos.2.6 & 3 as follows: “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.” 03. (2021) 17 see 530 3 -S* MACMA.No.608 of 2024 04. The learned counsel for the 1=' respondent submitted that there no objection for deposit of the amount into the Court of the above decision. IS s account in view 05. Accordingly, the appeal is partly allowed by partially modifying the award and decree dated 07.02.2023 in M.V.O.P.No.30 of 2017 by altering the direction ‘to pay the amount directly to the claimant^ to the direction to deposit the amount into the Court’s account’. The rest of the award and decree remains intact. The appellant shall deposit amount within four (04) weeks from the date of receipt of copy of this judgment. the There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur. 2. One CC to Sri Naresh Byrapaneni Advocate [OPUC] 3. One CC to Sri Chakravarthy P V S K Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Three CD Copies SAM vna \ HIGH COURT DATED:14/02/2025 JUDGMENT + DECREE MACMA.No.608 of 2024 fg 0 6 MAR 2025 m 09 Current Section esp PARTLY ALLOWING THE M.A.C.M.A IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 608 OF 2024 Between: United India Insurance Company Limited, Rep.By its Branch Manager, Branch Office, Korrapadu Road, Proddatur town and Mandal, Kadapa District. ...Appellant/Respondent No.2 AND 1. Ande Dibbaiahgari Pedda Obulesu, S/o Chennaiah, Aged 40 years, R/o Bandivaripalle village, Mydukur Mandal, Kadapa District. ...Respondent/Petitioner 2. S. Khader Basha, S/o Jeelani, R/o D. No.10/174-A, Mahaboobnagar, Mydukur town and Mandal, Kadapa District. ...Respondents/Respondents Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the order passed in M.V.O.P. No. 30 of 2017 on the file of the Chairman, Motor Claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur, dated 07th February, 2023. Appeal coming on for hearing and upon perusing the Memorandum of Appeal, the Judgment and Decree of the lower Court and the material evidence on record and upon hearing the arguments of Sri Naresh Byrapaneni, Advocate for the Appellant and Sri Chakravarthy P V S K for the Respondent No. 1, and none appeared for other Respondent. This Court doth order and decree as follows: 1. That the Appeal be and is hereby partly Allowed; 2. That the award and decree dated 07.02.2023 in M.V.O.P.No.30 of 2017 be and is hereby partially modified by altering the direction ‘to pay the amount directly to the claimant’ to the direction ‘to deposit the amount into the Court’s account’; 3. That the rest of the award and decree remains intact; 4. That the appellant be and is hereby directed to deposit the amount within four (04) weeks from the date of receipt of copy of this judgment; 5. That there be no order as to costs in this appeal Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Claims Tribunal -Cum- II Additional District Judge Kadapa at Proddatur. 2. Three CD Copies SAM vna r / HIGH COURT DATED: 14/02/2025 DECREE MACMA.No.608 of 2024 JS ^70o g 0 6 MAR 2025 Co . Gurrsnt Section . ^ PARTLY ALOWING THE M.A.C.M.A