RAMJI KULDEEP Vs. SMT. SHANTI BAI SAHU

JUDGEMENT

(1.) The Claims Tribunal, by its order dated 27.04.2016, passed an award in favour of the petitioners/claimants granting compensation to the tune of Rs.3,08,000/- along with 6% interest against the respondent No.1/owner of the vehicle. Thereafter, the respondent No.1/owner of the vehicle made an application for payment of decreetal award amount in instalment.

(2.) Learned Claims Tribunal, by its impugned order dated 24.08.2016, has allowed the said application and directed for payment of decreetal amount in instalment i.e. quarterly instalment of Rs. 40,000/-, against which the instant writ petition under Article 227 of the Constitution of India has been filed questioning the same.

(3.) Shri Parag Kotecha, learned counsel appearing for the petitioners would submit that by virtue of Order 20, Rule 11 (2) of the CPC, the executing court has no power to grant instalments without the consent of the decree holder and, as such, the order of instalment is unsustainable and bad in law.