LAWS(APH)-2005-7-84

ORIENTAL INSURANCE COMPANY LTD Vs. V KALA BHARATHI

Decided On July 29, 2005
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
V.KALA BHARATHI Respondents

JUDGEMENT

(1.) The question as to whether the amount deposited by the judgment-debtor in a decree should be adjusted first towards the decretal amount, or the interest that accrued thereon, was the subject matter of several precedents and legislative measures. However, it continues to vex the parties and the courts alike.

(2.) The facts, that gave rise to filing of these revisions, are as under. The parties are referred to, as arrayed in C.R.P.No.4337 of 2004.

(3.) Respondents 1 to 5 (hereinafter referred to as "the respondent") filed O.P.No.774 of 1993, before the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Tirupathi (for short "the Tribunal"), claiming compensation in a sum of Rs.two crores, on account of death of Mr. V.. Raj Kumar, husband of the first respondent, father of respondents 2 and 3 and son of respondents 4 and 5. It was alleged that he dies in an accident, involving a vehicle belonging to the 6th respondent, driven by the 7th respondent, and insured with the petitioner company. Through its judgment dated 29-4-1997, the Tribunal awarded a sum of Rs.98,40,500/-, as compensation, with interest at the rate of 12% from the datp of presentation of the O.P., viz 25-10-1993.