Andhra Pradesh High Court - Amravati
K.Sandeep vs Bora Ananda Reddy 5 Ors on 25 April, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No.: M.A.C.M.A.No.2920 of 2017
PROCEEDING SHEET
S.
No DATE ORDER
02. 25.04.2023 BSS, J
I.A.No.01 of 2022
I have heard the learned counsel for the
petitioner, Dr.Majji Suri Babu.
I have heard learned counsel
Mr.Veerabhadrachari for Respondent No.3.
This petition is filed by the petitioner
under Section 151 of Code of Civil Procedure
seeking permission to withdraw the amount
deposited by Respondent No.3/Insurance
Company before the lower Tribunal in
M.V.O.P.No.385 of 2010 on the file of
Chairman, Motor Accidents Claims Tribunal
(Special Judge for Trial of Cases under SCs &
STs (Prevention of Atrocities Act)-cum-
Additional District Judge, Vizianagaram.
A perusal of decree passed by the lower
Tribunal which shows that, petition filed by
the petitioner, representing her husband who
became insane due to the injury sustained in
the motor vehicle accident, shows that
petition was partly allowed with proportionate
costs of Rs.18,842/- awarding compensation
of Rs.12,23,830/- together with interest @ 7%
per annum from the date of petition, till the
date of realization of the amount and then
directed Respondent No.3/Insurance
Company to deposit the sum of Rs.7.50,000/-
out of awarded amount of Rs.12,23,830/- and
then directed Respondent No.2, who is the
owner of offending vehicle to pay a sum of
Rs.4,73,830/- together with interest at the
rate of 7% per annum.
It is the contention of the petitioner that
against the judgment and decree passed by
the Tribunal, Respondent No.2 owner of the
offending vehicle preferred Appeal, whereas
Respondent No.3/Insurance Company has
not preferred any appeal and deposited a sum
of Rs.7,50,000/- along with interest and
complied the Orders passed by the lower
Tribunal.
The main contention of the petitioner is
that, in view of the interim stay granted by
this Court in the appeal preferred by
Respondent No.2 owner of the offending
vehicle, Tribunal is restrained to grant
permission in her favour to withdraw a sum
of Rs.7,50,000/- along with interest till today.
The petitioner submits that she being the
guardian of her injured husband who is
became insane totally confined to bed living
like dead person from the date of accident
whom she is looking after and she is also
looking after her minor children and her
mother-in-law due to that she is facing
financial problem to meet medical expenses
and to discharge previous debts she requires
money. She prays to grant permission to
withdraw a sum of Rs.7,50,000/- with
interest which deposited by Respondent
No.3/Insurance Company before the lower
Tribunal.
The learned counsel for Respondent
No.3 submitted that they are not going to file
any counter and leaving the decision to the
discretion of the Court. The learned counsel
for the petitioner would submit that due to
the injuries sustained in the motor vehicle
accident husband of the petitioner became
insane and now he is bed-ridden and living
like a dead person whom wife is looking after
and she is also taking care of her children
and mother- in-law for which she requires
money for their sustenance and to meet
medical expenses of her husband.
He would further submit that though
this Court permitted the petitioner to
withdraw a sum of Rs.2,40,000/- in appeal
filed by Respondent No.2/owner of the
offending vehicle still she requires money to
meet medical expenses of her husband.
A perusal of record which shows that
Tribunal awarded compensation amount of
Rs.12,23,830/- with a direction to the
Respondent No.3 to deposit a sum of
Rs.7,50,000/- which they said to be complied
and then directed amount of compensation
shall be deposited in any Nationalised Bank
in the name of petitioner ie., insane person
keeping the petitioner herein as a guardian
who is permitted to withdraw the interest over
the said amount for every month for the
maintenance of the petitioner/insane person.
Now, the contention of the petitioner
who is guardian of injured is that her
husband became insane due to injury
sustained in the accident who is bed ridden
not in a position to work and due to that she
is maintaining the family and incurring
amount towards medical expenses of her
husband. After considering the contention of
the petitioner, as admittedly husband of the
petitioner is bed ridden due to injuries
sustained in the motor vehicle accident, now
the petitioner is permitted to withdraw a sum
of Rs.3,75,000/- out of amount deposited by
Respondent No.3/Insurance Company, a
sum of Rs.7,50,000/- and remaining amount
shall be continued to be kept in the fixed
deposit in the name of petitioner (insane
person) as ordered by the Trbunal, on which
the petitioner is entitled to withdraw the
interest on every month and she can renew
her application for withdrawing the balance
amount for medical expenses of the petitioner
(insane person) if any with relevant medical
records before the Tribunal which shall be
considered on its own merits. Now the
petitioner is permitted to withdraw a sum of
Rs.3,75,000/- only with accrued interest from
the date of depositing the amount in Fixed
deposit in a Nationalised Bank without
furnishing any security.
_______
BSS, J
M.A.C.M.A.No.2920 of 2017
The learned counsel Mr. G.Sai Narayana
Rao represented the appellant. The learned
counsel Mr.Majji Suri Babu represented for
Respondent No.1. The learned Counsel
Mr.V.Veerabhadra Chary represented for
Respondent No.3.
Registry is directed to list the case
under the caption for 'final hearing' on
14.06.2023.
Registry is directed to call for lower
Court records.
_______
BSS, J
KLNS
