VOJJALA PRAAMEELA Vs. S V SURYANARAYANA RAJU

JUDGEMENT

(1.) The petitioners filed O.P.No.678/1990 in the Motor Accidents Tribunal-cum-Principal District Judge, Nalgonda claiming compensation, on account of death of Sri Vittal, who was the husband of the 1st petitioner and father of the other petitioners. The Tribunal passed award dated 23-11-1993 for a sum of Rs.2,84,000.00 together with interest at 15% and costs of Rs.8,264/-.

(2.) The New India Assurance Company Limited, the 2nd respondent, deposited a sum of Rs.2,28,449-00. This included Rs.1,52,000.00 of awarded amount, interest and costs. Balance of the amount was not deposited. Hence, the petitioners filed I.A.No.2935/2001 under Section 174 of the Motor Vehicles Act 1988 (for short 'the Act'), for issuance of a Certificate directing the District Collector, Krishna, to recover the compensation from the 2nd respondent, as arrears of land revenue.

(3.) The application was resisted by the 2nd respondent. It was contended that they wanted to prefer an appeal against the Award in OP No.678/1990 and at that time, the petitioners herein entered into a compromise to receive a sum of Rs.1,52,000/- with interest and cost, in lieu of their claim under the Award and that the said amount was paid. It was also their contention that the petitioners are estopped from claiming the amount by filing IA, having received the amount on the basis of a compromise and consent. The Tribunal accepted the plea of the 2nd respondent and rejected the IA through orders dated 9-8-2002. Hence this revision.