C.P. GIREESAN Vs. DAVID JOHN AND OTHERS

JUDGEMENT

(1.) The appeal is filed by the claimant in O.P. (M.V.) No. 28 of 1982 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The appeal is against the order passed by the Tribunal in K.A. No. 2486 of 1986 in O.P. (M.V.) No. 28 of 1982 dated 4.3.1988.

(2.) The appellant filed the above claim petition against respondents 1 to 3 claiming a total compensation of Rs. 28,710.00 for the injury sustained by him. The first respondent was the driver. The second respondent was the Assistant Engineer, Ernakulam Telephones, under whom the first respondent is working and the third respondent is the Government of India. The van KRE 7104 belonged to the Government of India, under the control of the second respondent Assistant Engineer. For the injury-sustained, the claimant-appellant had filed the above claim petition. The Tribunal considered the matter in great detail in the light of the evidence adduced before it and passed an award for an amount of Rs. 9,260.00 with costs. The award is dated 31.3.1986. As stated earlier, the total amount awarded is Rs. 9,260.00 plus costs and advocate fee of Rs. 200.00. While passing the award, the Tribunal directed the respondents to pay or deposit the entire amount and costs ordered within two months, failing which the claimant-appellant will be entitled to collect the same with interest at 12% per annum from 24.12.1981 till the recovery of the same.

(3.) As per the award, the amount so ordered shall be paid within a period of two months from 31.3.1986, failing which the appellant is entitled to get interest at 12% from 24.12.1981. Admittedly, the respondents did not pay the amount or deposit the same as ordered by the Tribunal. They also did not make any payment till 31.5.1986. Instead, they filed an appeal against the said award before this Court as M.F.A. No. 489 of 1986 on 30.7.1986, four months after the date of the award. The respondents also prayed for a stay of the award in C.M.P. No. 19364 of 1986. This Court considered the petition for stay and passed an order on 14.8.1986 directing deposit of an amount of Rs. 5,000.00 and the appeal itself was thereafter considered on merits and dismissed by this Court on 5.12.1986. While dismissing the appeal, this court found thus: