PARULBEN DIPAKKUMAR SHETH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Ms. Amrita Ajmera, learned advocate for the petitioners original claimants. Mr. Sunil Parikh, learned advocate has entered his appearance on behalf of the respondent no.1- Insurance Company.

(2.) The present petition is filed under Article 226 of the Constitution of India seeking issuance of writ of certiorari or any other appropriate writ, direction or order for quashing and setting aside the order dtd. 9/3/2015 passed below Exh.11 in Execution Petition No.14 of 2013. Further direction is also sought to hold the present petitioners entitled to interest at the rate of 15% from the date on which the amount was deposited before the Court till the amount was realized by the petitioners. The directions have also been sought for against the respondent to deposit amount of interest before this Court and to direct the same to be invested in the FDR till final disposal of the present petition.

(3.) In order to appreciate the controversy involved, appropriate would be to consider the relevant dates. The petitioners are heirs of one Deepak Anantrai Sheth who had unfortunately expired in motor vehicle accident. The petitioners have therefore, approached the Motor Vehicle Claims Tribunal, Navsari by preferring the claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short "Act, 1988"), which was registered as MACP No.532 of 1987. Pending the claim petition, the same was transferred to the Motor Accident Claim Tribunal, Valsad. The Tribunal was pleased to partly allowed the claim petition thereby holding the present petitioners entitled to total amount of compensation of Rs.3,82,705.00 with interest at the rate of 15% from the date of filing of the claim petition till its actual realization. Being aggrieved and dissatisfied with the said judgment and award, the respondent no.1 Insurance Company had approached in appeal before this Court under Sec. 173 of the Act, 1988. The First Appeal No.6254 of 1995 was thus registered on 15/8/1995. Along with appeal, an application for stay was also preferred by the respondent Insurance Company. At the stage of admission hearing of the appeal and aforesaid application for stay, this Court upon appreciation of the facts of the case and impugned judgment and award vide order dtd. 28/2/1996 was pleased to grant interim relief thereby staying the execution, implementation and operation of the impugned judgment and award dtd. 19/7/1995 passed by the Motor Accident Claims Tribunal (Main), Valsad in MACP No.532 of 1987 pending the final hearing of the appeal on condition of deposit of the awarded amount with interest and costs with the concerned Tribunal within a period of six weeks thereafter. In terms of the aforesaid direction, the respondent Insurance Company had deposited total amount of Rs.8,55,981.00 on24.4.1996. The appeal was thereafter heard finally and was dismissed by order dtd. 9/12/2011. The original claimants had approached the Tribunal seeking withdrawal of the aforesaid deposited awarded amount of Rs.8,55,981.00 which was later on realized by the petitioner on 14/6/2013. The petitioners, thus, being aggrieved and dissatisfied with the deficit amount of award had preferred execution application before the learned Motor Accident Claims Tribunal specifically contending that they were entitled to the deficit amount of compensation, which was computed as Rs.3,82,075.00 with interest at the rate of 15% as awarded by the Tribunal by judgment and award dtd. 27/7/1995 passed by the Motor Accident Claims Tribunal in claim petition along with interest at the rate of 15% from the date of filing of such application till its realisation i.e. for the period from 3 rd September 1987 to 14/6/2013. The execution application was heard by the Tribunal and by order dated 9 th March 2015 has partly rejected the Execution Application thereby directing the respondent Insurance Company to pay further amount to the tune of Rs.1,26,940.00. Thus, by impugned order the Tribunal has not entertained the claim of the original claimants with regard to the entitlement of the deficit amount with 15% interest from the date of the filing of original claim petition till its actual realisation. Hence, present petition at the instance of the petitioners -original claimants.