NEW INDIA ASSURANCE CO. LTD. Vs. VISHNU

JUDGEMENT

(1.) THIS revision application is directed against order dated 26.2.1994 of the Member, Motor Accident Claims Tribunal Indore in Claim Execution Case No. 47/80/93 whereby the claimant who sustained injuries in a motor accident has been directed to return excess amount to the Insurance Co. alongwith interest @ Rs. 12% p.a. from the date the amount was actually received by him.

(2.) BRIEF facts of the case are that the claimant filed a claim petition before the Claims Tribunal Indore. The Tribunal awarded Rs. 40,000/- with interest @ 10% p.a. from the date of application till realisation of the same. Aggrieved by this order, the Insurance Company filed M.A. 134/86 in this Court. this Court was pleased to reduce the amount awarded by the Tribunal to Rs. 20,000/- along with interest @ 10% p.a. and the claimant was directed to return rest of the amount of Rs. 20,000/- with interest @ 12% p.a. The Insurance Company filed an application Under Section 144 Civil Procedure Code. The learned Claims Tribunal the reafter passed the impugned order directing that the claimant is liable to return Rs. 20,000/- with interest @ Rs. 12% p.a. from the date of receipt of money by him. It appears that the claimant went up in Special Leave Petition before the Supreme Court and the Supreme Court enhanced the amount to Rs. 30,000/- and the applicant was directed to deposit Rs. 10,000/-. This amount was deposited by the claimant in the Supreme Court itself. After decision of the High Court, the Insurance Company filed an application for return of the excess amount paid to the claimant with interest @ 10% p.a. from the date of receipt of money by him, @ 12% p.a. from the date of receipt of money till deposit of excess amount.

(3.) CONTENTION of the learned Counsel for the Insurance Co. is that the Company has deposited the money along with interest @ 10% p.a. from the date of application till deposit of money i.e. on or about 14.7.1986 and as per direction of the Supreme Court, the Company is entitled to return of the excess amount with interest @ 12% p.a. from the date of receipt of the amount by the claimant till deposit of excess money by the claimant.