APHC010455922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 526/2023 Between: 1. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISONAL OFFICE, KADAPA ...APPELLANT AND 1. KARNA CHINNA UTTAM REDDY, S/O. VARADA REDDY, AGED ABOUT 37 YEARS, R/O. Y.KODUR VILLAGE, YERRAGUNTLA MANDAL KADAPA DISTRICT 2. K BALA SUBRAMANIYAM, S/O. KALIYANNAN, R/O. D,NO. 6, THAILAMBIGARI VARMA NAGAR, STREET NO. 5, TIRUCHENGODE TQ. NAMAKKAL DISTRICT, TAMILNADU STATE. 3. SENNAN MAHALINGAM, S/O SENNAN VILLIAMS, AGED ABOUT 37YEARS,R/O.MUTHUSANGILIPATTI, RASANAMPATTI POST, ANDIPATTI TALUQ, THENAI DISTRICT TAMILNADU STATE ...RESPONDENT(S): 2 Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased tomay be pleased to set aside the order passed in M.V.O.P.No. 157 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 15th April, 2023, and pass such IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 39 days in filing the M.A.C.M.A. against the Judgment and award in M.V.O.P.No. 157 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 15th April, 2023, and pass such IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of operation of the decree and Judgment in M.V.O.P.No. 157 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 15th April, 2023, pending disposal of the main C.M.A., and pass such Counsel for the Appellant: 1. NARESH BYRAPANENI Counsel for the Respondent(S): 1. 3 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 526/2023 JUDGMENT: Present appeal is filed assailing the order dated 15.04.2023 passed in M.V.O.P.No.157 of 2017 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kadapa, at Proddatur, awarding compensation of Rs.84,000/- (Rupees Eighty Four Thousand Only) 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 Company Private Limited vs. Union Of India And 4 others 1, 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 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 referred supra, which reads 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 placed on. 6. Considering the guidelines prescribed by the Hon’ble Apex Court in judgment mentioned supra, the order of the Tribunal 1 (2021) 17 SCC 530 5 dated 15.04.2023 passed in M.V.O.P.No.157 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 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 applications, pending if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 12.09.2025 ANS 6 504 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 526/2023 Date: 12.09.2025 ANS