APHC010000872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 71/2024 Between: 1. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, NEAR MURALI THEATER, KADAPA DISTRICT. ...APPELLANT AND 1. JINKA VENKATA MUNI KAMALA JYOTHI KUMARI JYOTHI, W/O JINKA RAVI, AGED ABOUT 42 YEARS, R/O D.NO. 10/156, TEACHERS COLONY, MYDUKUR ROAD, KOTHAPALLI PANCHAYATH, PRODDATUR MANDAL, KADAPA DISTRICT, 2. JINKA LALITESA DEEPAK, S/O JINKA RAVI, AGED ABOUT 20 YEARS, R/O D.NO. 10/156, TEACHERS COLONY, MYDUKUR ROAD,KOTHAPALLI PANCHAYATH, PRODDATUR MANDAL, KADAPA DISTRICT. 3. JINKA JAYALAKSHMI VENKATA SRAVANI, D/O JINKA RAVI, AGED ABOUT 17 YEARS, R/O D.NO. 10/156, TEACHERS COLONY, MYDUKUR ROAD,KOTHAPALLI PANCHAYATH, PRODDATUR MANDAL, KADAPA DISTRICT (MINOR, REPRESENTED BY HER NATURAL GUARDIAN 2 MOTHER I.E. 1ST RESPONDENT.) 4. MOPURI RAMA DEVI, W/O CHINNA DASTAGIRI REDDY, R/O. D.NO. 1-90, ULURU VILLAGE, YERRAGUNTLA MANDAL, KADAPA DISTRICT. 5. VENKATAPATHI VENKATESU, S/O THIMMAPPA, AGED ABOUT 33 YEARS, R/O. H.NO. 5-704/C, DEVANGAPETA STREET, PRODDATUR MANDAL, KADAPA DISTRICT ...RESPONDENT(S): 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. 116 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 19th September, 2023, and pass such IA NO: 1 OF 2024 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. 116 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 19th September, 2023, pending disposal of the main C.M.A., and pass such IA NO: 2 OF 2024 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 vacate the interim orders dated 21-02-2024 as made in I.A No. 1 of 2024 in MAGMA No. 71 of 2024 and pass IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, 3 the High Court may be pleased pleased to discharge the 1st Petitioner herein as the guardian of the 3rd petitioner herein by declaring the 3 petitioner as major and permit her to prosecute the above MAGMA by herself and pass Counsel for the Appellant: 1. NARESH BYRAPANENI Counsel for the Respondent(S): 1. V NITESH 4 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 71/2024 JUDGMENT: Present appeal is filed assailing the order dated 19.09.2023 passed in M.V.O.P.No.116 of 2017 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Proddatur, Kadapa District, awarding compensation of Rs.13,20,000/- (Rupees Thirteen Lakhs Twenty Thousands 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 others 1, which later came to be followed by a Co-ordinate bench of 1 (2021) 17 SCC 530 5 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 dated 19.09.2023 passed in M.V.O.P.No.116 of 2017 is hereby modified, directing the insurer to deposit the compensation amount before the Tribunal. Except for the aforesaid modification, the rest of 6 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: 08.09.2025 ANS 7 229 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 71/2024 Date: 08.09.2025 ANS