APHC010702282014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1256/2014 Between: 1. TUBATI ANJANEYULU (DIED), - 2. TUBATI SIVAMMA,, W/O. NAGESWARA RAO, R/O. LINGAMGUNTLA VILLAGE, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 3. TUBATI KISHORE,, S/O. NAGESWARA RAO, R/O. LINGAMGUNTLA VILLAGE, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. KUNCHANAPALLI SRINIVASA RAO, S/O. YELLAMANDA, R/O. 1-94, POLURU VILLAGE, VIA A..B.V. PALEM, YEDDANAPUDI MANDAL, PRAKASAM DISTRICT. 2. THE NATIONAL INSURANCE CO LTD, REP. BY ITS DIVISIONAL MANAGER, 10TH LANE, MAIN ROAD, ARUNDELPT, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toto set aside the order and decree dated 4-2-2011 passed in IA NO. 5044 of 2010 in MVOP No. 1517 of 2008 on the file of the Motor Vehicles Accidents Claims Tribunal (District Judge) at guntur, Guntur District and allow the IA No. 5044 of 2010 as prayed for and pass 2 IA NO: 1 OF 2013(CRPMP 5613 OF 2013 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 to condone the delay of 823 days in re-presenting the CRP sr. No. 11075 of 2011 and pass Counsel for the Petitioner(S): 1. SRICHARAN TELAPROLU Counsel for the Respondent(S): 1. 3 The Court made the following Order: The petitioners are aggrieved by the order passed by the Motor Vehicles Accidents Claims Tribunal, Guntur, in I.A.No.5044 of 2010 in M.V.O.P.No.1517 of 2008. 2. Learned counsel for the petitioners submits that the M.V.O.P. was decided on merits and the compensation was awarded to the claimants therein. The M.V.O.P. was allowed on 28.08.2009, and the 2nd respondent therein had deposited an amount of Rs.4,11,124/- before the trial Court and as per the share of the claimants, the petitioners therein were entitled to receive the deposited compensation. Pending such process, the 2nd claimant passed away, and the remaining legal heirs filed I.A.No.5044 of 2010 seeking permission of the Court to disburse the compensation. 3. Learned counsel for the petitioners submits that the legal heirs of the 2nd claimant were the remaining petitioners in M.V.O.P.No.1517 of 2008. However, the learned Judge dismissed the petition on the ground that the petitioners are required to obtain succession certificate for the amount lying in the Fixed Deposit which was deposited by the 2nd respondent insurance company. 4. Learned counsel places reliance on the judgment passed by this Court in C.M.A.No.350 of 2003, reported in 2004 (3) ALD 692, wherein a learned Single Judge of this Court had considered the issue of the claimants for compensation by the legal heirs and held that for claiming compensation, it is not essential for the legal heirs to submit the succession certificate. 4 5. Heard the learned counsel for the petitioners. Perused the record. There is no representation for the respondents. 6. On law, the order passed in I.A.No.5044 of 2010 deserves to be set aside. It is a settled proposition of law that when the legal heirs have sought for compensation in Motor Vehicles Accidents case and one of the claimants passed away, the other claimants would have to be made entitled by default for claiming and withdrawing the compensation deposited to the proportionate share of the deceased claimant. The petitioners before this Court are the surviving legal heirs of the deceased/2nd claimant, and as such, the learned Judge of the Motor Vehicles Accidents Claims Tribunal, Guntur, ought to have disbursed the payment to the account of the petitioners. 7. With these observations, the Civil Revision Petition is allowed. The amount lying to the proportionate share of the deceased claimant shall be released proportionately to the petitioners. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 29.07.2025 BMS