AI Structured Summary
Not yet generated for this judgment
Judgment
B S Bhanumathi, J
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-II 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 2nd 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/-was also imposed against the respondents, which includes advocate‟s fee of Rs.4,000/-.
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 Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India (2021) 17 SCC 530, 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.
We direct that the aforesaid directions will apply across the country so that a uniform practice is followed.”
The learned counsel for the 1st respondent submitted that there is no objection for deposit of the amount into the Court‟s account in view of the above decision.
Accordingly, the appeal is partly allowed by partially modifying the award and decree dated 09.05.2023 in M.V.O.P.No.95 of 2014 by altering the direction to ‘directly pay to the claimant’ to the direction to ‘deposit the amount into the Court‟s account’. The rest of the decree and award remain intact. The appellant shall deposit the amount within four (04) weeks from the date of receipt of copy of this Judgment.
There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.