ORIENTAL INSURANCE COMPANY LIMITED Vs. SUNNAPU GOVINDAMMA

JUDGEMENT

(1.) The Insurance Company is the revisionist.

(2.) The respondents No. 1 to 6 are the claimants in OP No.497 of 1986. The Motor Accidents Claims Tribunal-cum-District Judge, Nellore, passed an award in the said OP on 27-7-1990 for an amount of Rs.73,500.00. The claimants filed an application for execution in EP No.1 of 1994 against the owner of the accident vehicle and the revisionist-Insurance Company which was respondent No.2 in OP No.497 of 1986. The revisionist filed an objection that the amount cannot be recovered from it because there is ambiguity in the decree. The application was resisted.

(3.) The executing Court rejected the objection on the ground that in the first clause of the decree the award was passed for Rs.73,500.00 in favour of the petitioners (claimants herein) and against the third respondent (8th respondent herein) with interest at the rate of 12 per cent per annum and as per clause two, the second respondent (revisionist herein) was made liable to satisfy the decree passed against the 3rd respondent (8th respondent herein) as per the terms of the policy and the provisions of the Motor Vehicles Act. Therefore, there is no ambiguity in the decree and the revisionist has to satisfy the decree.