UNITED INDIA INSURANCE COMPANY LIMITED v. KOSA RAMIREDDY
MACMA/242/2024 · 2025-02-14
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37353 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37353 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010637502023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [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: 242/2024 Between: United India Insurance Company Limited ...APPELLANT AND Kosa Ramireddy and Others ...RESPONDENT(S) Counsel for the Appellant:
1. NARESH BYRAPANENI Counsel for the Respondent(S):
1. V NITESH The Court made the following:
2 MACMA.No.242 of 2024
JUDGMENT:
Admit appeal.
02. The appeal was filed against the award and decree dated 08.02.2023 in M.V.O.P.No.139 of 2016 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kadapa at Proddatur, granting compensation of Rs.4,00,000/-, with interest @7.5% per annum from the date of the petition i.e., 30.06.2016 till the date of realization (and advocate‟s fee of Rs.4,000/-) and further directing the 3rd respondent/appellant to pay the above said amount of compensation directly to the claimants and furnish the proof before the Tribunal for the purpose of the record.
03. 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 claimants as against the decision of the Supreme Court in Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India & others1, 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.”
1 (2021) 17 SCC 530
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04. The learned counsel for the 1st respondent submitted that there is no objection for deposit of the amount into the Court‟s account in view of the above decision.
05. Accordingly, the appeal is partly allowed by partially modifying the award and decree dated 08.02.2023 in M.V.O.P.No.139 of 2016 by altering the direction „to pay the amount directly to the claimants‟ 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 the amount within four (04) weeks from the date of receipt of copy of this
judgment.
There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________ JUSTICE B.S.BHANUMATHI Date: 14.02.2025 NSM
4 MACMA.No.242 of 2024
50 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 242/2024
Date: 14.02.2025 NSM