KUNTI BAI Vs. MPSRTC

JUDGEMENT

(1.) In this revision preferred under Section 115 of the Code of Civil Procedure, the claimants/decree holders have assailed the legality and validity of the order dated 8-4-2008 passed by the 3rd Additional Motor Accidents Claims Tribunal (Fast Track) (in short 'the Tribunal') by which it has been held that the amount deposited by the judgment debtor shall be first appropriated towards the principal amount and not towards the interest.

(2.) The facts giving rise to filing of the revision are that the applicants/ claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of the husband of the applicant No. 1 and father of the applicant Nos. 2 to 5. The Tribunal vide award dated 7-5-1999 awarded a sum of Rs. 6,35,555/- as compensation and directed that the amount of compensation shall carry interest at the rate of 12% per annum from 14-1-1997 and shall be deposited within one month. It was further directed that in case of failure to deposit the amount within one month, the amount of award shall carry interest at the rate of 18% per annum.

(3.) The applicants/claimants initiated proceedings for execution of the award. An application, namely, I.A. No. 2 was filed by the judgment debtor in the execution proceeding stating that the amount of Rs. 2,70,000/- has been deposited by the judgment debtor however, the decree holders have erroneously still disclosed that a sum of Rs. 8,94,998/- is to be paid under the award. An objection was raised that the decree holders had computed the interest on the entire amount of award which is contrary to law and, therefore, the application for execution is not maintainable. Aforesaid application came up before the Tribunal for consideration on 28-6-2002. It was found by the Tribunal that admittedly the amount awarded by way of compensation has been deposited on different dates. The Tribunal held that the dispute between the parties is whether the amount which has been deposited by the judgment debtor on account of compensation shall be appropriated first towards the interest or towards the principal amount. The Tribunal rejected the contention of the judgment debtor that the amount deposited by them shall be first appropriated towards the principal amount as the amount of award has to be recovered as money decree. Accordingly, the I.A. No. 2 was rejected by the Tribunal. Admittedly the aforesaid order has attained the finality.