UNITED INDIA INSURANCE COMPANY LIMITED v. G VENKATA RAMANA REDDY @ GANGAVARAM VENKATA RAMIREDDY
MACMA/160/2024 · 2025-02-14
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6525 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6525 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSYlCE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 160 OF 2024 Appeal under Section 173 of M.V. Act, aggrieved by the
order passed in M.V.O.P.No.95 of 2014 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 9'^ May, 2023. Between: United India Insurance Company Limited, represented by its Divisional Manager, Dhobighat road, Opp Officers club, Kadapa corporation and District. ...Appellant/Respondent No.2 AND
1. G Venkata Ramana Reddy @ Gangavaram Venkata Ramireddy, S/o Konda Reddy, Aged about 60 years, R/o. Pachikalapadu village, Kamalapuram Mandal, Kadapa District. ...Respondents/Petitioner
2. Renati Pedda Malla Reddy, S/o Malla Reddy, Aged about 32 years R/o. Pathasangatipalli Village, Pendimarri Mandal, Kadapa District. ...Respondents/Respondents lA NO: 2 OF 2024 Petition under Order XLI Rule 5 R/w 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 grant stay of operation of the decree and
Judgment in M.V.O.P.No. 95 of 2014 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Prodda'tur, dated 9^^ May, 2023. Counsel for the Appellant: SRI NARESH BYRAPANENI Counsel for the Respondent No.1: SRI V. NITESH The Court made the following JUDGMENT:
W' APHC010061822024 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: 160/2024 Between: ...APPELLANT United India Insurance Company Limited AND G Venkata Ramana Reddy Gangavaram Venkata ...RESPONDENT(S) Ramireddy and Others Counsel for the Appellant:
1.NARESH BYRAPANENl Counsel for the Respondent(S): 1.VNITESH The Court made the following:
f 2 MACMA.No.160 of 2024
JUDGMENT: Admit appeal. The appeal was filed against the award and decree dated 09.05.2023 in M.V.O.P.No.95 of 2014 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-ll Additional District Judge, Kadapa at Proddatur, granting compensation of Rs.1,88,074/-, with interest @7.5% per annum from the date of the petition i.e., 23.06.2014 till the date of realization with joint and several liability of the respondents No.1 and 2 and further directing the 2’"'^ respondent/appellant to pay the above said compensation amount directly to the claimant and furnish the proof before the Tribunal for the purpose of the record. Costs of Rs.11,212/- also imposed against the respondents, which includes advocate’s fee of Rs.4,000/-.
02. was 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 claimant as against the decision of the Supreme Court in Baja] Allianz General Insurance Company Private Ltd. vs. Union of India^ , wherein it was held at para Nos.2.6 & 3 as follows;
“2.6. The insurer shall satisfy the award by depositing 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.”
03. (2021) 17 see 530
3 MACMA.No.160 of 2024 ^
learned counsel for the respondent submitted that there is for deposit of the amount into the Court’s account in view
04. The no objection of the above decision. Accordingly, the appeal is partiy allowed by partially modifying the award and decree dated 09.05.2023 in altering the direction to ‘directly pay 'deposit the amount into the Court’s account'. The rest of the decree and award remain intact. The appellant shall deposit the amount within (04) weeks from the date of receipt of copy of this Judgment. There shall be no order as to costs.
05. M.V.O.P.No.95 of 2014 by to the claimant’ to the direction to four miscellaneous applications, if any, shall stand closed.
Sd/- N NAGAMMA ASSISTANT REGISTRAR Pending //TRUE COPY// SECTION OFFICER To,
1. The Chairman, Motor Accidents Claims Tribunal - Cum - II Additional District Judge, Kadapa at Proddatur.
2. One CC to Sri. Naresh Byrapaneni, Advocate [OPUC]
3. One CC to Sri. V Nitesh, Advocate [OPUC]
4. Three CD Copies Skm sree
t HIGH COURT DATED:14/02/2025 •/
JUDGMENT + DECREE = 17 FEB 2C2j £ o ' MACMA.No.160 of 2024 ^ Current Section ^ PARTLY ALLOWING THE MACMA WITHOUT COSTS
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI 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: 160 OF 2024 Between: United India Insurance Company Limited, represented by its Divisional Manager, Dhobighat road, Opp Officers club, Kadapa corporation and District. ...Appellant/Respondent No.2 AND
1. G Venkata Ramana Reddy @ Gangavaram Venkata Ramireddy, S/o Konda Reddy, Aged about 60 years, R/o. Pachikalapadu village, Kamalapuram Mandal, Kadapa District. ...Respondents/Petitioner
2. Renati Pedda Malla Reddy, S/o Malla Reddy, Aged about 32 years, R/o. Pathasangatipalli Village, Pendimarri Mandal, Kadapa District. ...Respondents/Respondents Appeal under Section 173 of M.V. Act, aggrieved by the
order passed in M.V.O.P.No.95 of 2014 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- II Addl. District Judge, Kadapa at Proddatur, dated 9'^ May, 2023.
' 1 This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and material papers in the Suit and upon hearing
arguments of Sri Naresh Byrapaneni, Advocate for the Appellant and Sri V. Nitesh, Advocate for Respondent No.1. This Court doth Order and decree as follows:
1. That the MAGMA be and hereby is allowed in part.
2. That the Award and Decree dated 09-05-2023 in M.V.O.P. No. 95 of 2014 be and hereby is partially modified by altering the direction to ‘directly pay to the claimant’ to the direction to ‘deposit the amount into the Court’s Account’
3. That the Rest of the decree and award remain intact.
4. That the appellant shall deposit the amount within four(04) weeks from the date of receipt of copy of this Judgment
5. That there shall be no order as to Costs in this MAGMA.
Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Chairman, Motor Accidents Claims Tribunal - Cum - II Additional District Judge, Kadapa at Proddatur.
2. Three CD Copies Skm sree
HIGH COURT DATED:14/02/2025 DECREE MACMA.No.160 of 2024 5 17 FEB 2C23 S’. ^ . Current Section ^ J PARTLY ALLOWING THE MAGMA WITHOUT COSTS