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2025 DAILYLAW 42461 (AP)

UNITED INDIA INSURANCE COMPANY LIMITED v. GORANTLA GURRAPPADU

MACMA/650/2023 · 2025-11-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010469572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 650/2023 Between: 1. UNITED INDIA INSURANCE COMPANY LIMITED, REP. BY ITS BRANCH MANAGER, BRANCH OFFICE GANDHI ROAD, PRODDATUR TOWN, KADAPA DISTRICT ...APPELLANT AND 1. GORANTLA GURRAPPADU, HAVING DIED LEAVING BEHIND THE PETITIONER NOS. 2 TO 4 AS HIS LEGAL HEIRS 2. GORANTLA ANURADHA, W/O GORANTLA GURRAPPADU, 3. GORANTLA GURU RAGHAVA, S/O LATE GORANTLA GURRAPPADU 4. GORANTLA GURU SAI, S/O LATE GORANTLA GURRAPPADU (PETITIONERS NOS. 2 TO 4 ARE ADDED AS PER ORDERS IN I.A. NO. /2022 DATED 16.09.2022) ALL ARE R/O. D. NO. 2/193, ESWAR REDDY NAGAR PRODDATUR TOWN AND MANDAL, KADAPA 5. M/S SRINIVASA CONSTRUCTIONS, REP. BY G. MURALIDHAR REDDY ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased to allow this appeal by setting aside the Order passed in M.V.O.P. NO. 145 of 2013 on the file of Before the Motor Accidents Claims Tribunal cum - II Addl. District Judge, Kadapa at Proddatur, Dated 11th day of January 2023 and pass 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 pleased to condone the delay of 71 days in filing the M.A.C.M.A. 2 against the order in M.V.O.P. NO. 145 of 2013 dated 11-01-2023 on the file Before the Motor Vehicles Accidents Claims Tribunal — cum - II Addl. District Judge, Kadapa at Proddatur and pass 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 pleased to grant stay of operation of the decree and Judgment in M.V.O.P. No. 145 of 2013 on the file of Before the Motor Vehicles Accidents Claims Tribunal — cum - II Addl. District Judge, Kadapa at Proddatur, dated 11th day of January, 2023 pending disposal of the main M.A.C.M.A and pass Counsel for the Appellant: 1. N RAMA KRISHNA Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No. 650 of 2023 JUDGMENT: The present appeal is filed assailing the order dated 11.01.2023 passed in MVOP No.145 of 2013 on the file of the learned Motor Accidents Claims Tribunal – cum - II Additional District Judge, Proddatur, Kadapa District, awarding compensation of Rs. 1,10,000/- (Rupees One Lakh Ten Thousand Only) from the date of presentation of the petition till realization. 2. By the 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. Heard Sri N. Rama Krishna, learned counsel for the appellant. Since the issue is a legal one, which has already been considered by this Court following the judgment of the Hon’ble Supreme Court, notice to the respondents/claimants has been dispensed with. 4. Learned counsel for the appellant, by placing reliance on the judgment of the Hon’ble Supreme Court in Bajaj Allianz General Insurance Company Private Limited vs. Union of India and others1, 1 (2021) 17 SCC 530 4 which later came to be followed by a Co-ordinate Bench of this Court in MACMA 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 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.” 5. 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. 6. Considering the guidelines prescribed by the Hon’ble Supreme Court in the judgment mentioned supra, the order of the Tribunal dated 11.01.2023 passed in MVOP No.145 of 2013 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 the balance amount of compensation, deducting the 5 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. _________________________________ VENKATESWARLU NIMMAGADDA, J 7th November, 2025 cbn 6 160 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA MACMA No.650 2023 7th November, 2025 cbn