APHC010141282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 237/2024 Between: 1. UNITED INDIA INSURANCE CO., LTD,, REP. BY ITS DIVISIONAL MANAGER KADAPA ...APPELLANT AND 1. VELDURTHI KULLAYAPPA MIDUTURU KULLAYAPPA, S/O. KULLAYAPPA, AGED 44 YEARS. COOLIE R/O. VEMPALLI ROAD, YERRAGUNTIA TOWN KADAPA DISTRICT 2. YERRI RAMANJANEYULA REDDY, S/O. CHINNA MUNI REDDY OWNER OF THE LORRY BEARING NO. AP 21 TT 0729 H.NO. 1/109, NEDUJUVVI VILLAGE, YERRAGUNTIA MANDAL, KADAPA DISTRICT 3. SHAIK KHADER BASHA, , S/O. KHADER HUSSAIN DRIVER OF THE CRIME VEHICLE NO. AP 21 TT 0729 D.NO. 1/329-A, VINAYAKA NAGAR YERRAGUNTIA TOWN, KADAPA DISTRICT ...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. 26 of 2016 on the file of Before the Motor Vehicles Accidents Claims Tribunal - cum - II Addl. District Judge, Kadapa at Proddatur, Dated 1st day of November 2022, and pass 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 pleased to condone the delay of 367 days in filing the appeal in M.V.O.P. NO. 26 of 2016 dated 01-11-2022 on the file of the Court of the Motor Vehicles Accidents Claims Tribunal Cum II Addl., District Judge, Kadapa at Proddutur pending disposal of the main M.A.C.M.A., and pass 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 grant stay of operation of the decree and Judgment in M.V.O.P. No. 26 of 2016 on the file of Before the Motor Vehicles Accidents Claims Tribunal - cum - II Addl. District Judge, Kadapa at Proddatur, Dated 1st day of November, 2022, 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: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO.237 OF 2024 JUDGMENT: Present appeal is filed assailing the order dated 01.11.2022 passed in M.V.O.P.No.26 of 2016 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Proddatur, Kadapa District, awarding compensation of Rs.1,88,000/- (Rupees One Lakh Eighty Eight 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. Heard learned counsel for appellant. None appears for respondents. 4. Learned counsel for the appellant, by placing reliance on the judgment of the Hon’ble Apex Court in Bajaj Allianz General 2 CGR, J MACMA. No.237 of 2024 Insurance Company Private Limited vs. Union Of India And 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.” 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. 1 (2021) 17 SCC 530 3 CGR, J MACMA. No.237 of 2024 6. Considering the guidelines prescribed by the Hon’ble Apex Court in judgment mentioned supra, the order of the Tribunal dated 01.11.2022 passed in M.V.O.P. No.26 of 2016 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 petitions pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 22.09.2025 SS