INTERSTATE FINANCE PVT LTD Vs. DARMINDER KUMAR

JUDGEMENT

(1.) This order shall dispose of appeal bearing FAO No. 5101 of 2006 and revision petition bearing CR No. 5143 of 2006 as both the cases arises out of the same award dated 24.10.2006 passed by the Motor Accident Claims Tribunal, Karnal. It is pertinent to mention here that the appeal is against the order dated 24.10.2006 whereby an application filed by the appellant under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short 'CPC') for setting aside ex parte award has been dismissed and the revision petition filed against the application filed under Order 9 Rule 13 CPC by the driver (respondent No. 1) which has been allowed by which the award was modified on 11.11.2003.

(2.) In the appeal, notice of motion Was issued on 14.11.2006 and execution of the award was ordered to be stayed subject to deposit of 50% of the awarded amount. It is recorded in the order dated 19.9.2008 that out of the total amount of compensation awarded to the claimants i.e. Rs. 6,27,000/- besides interest @ 12% per annum from the date of filing of the claim petition till the date of realisation, 50% amount has already been deposited and has been ordered to be released vide order dated 10.12.2008.

(3.) In fact the present appeal as well as revision petition are being contested by the claimants whereas driver of the offending vehicle has not come forward to contest the same. Vide order dated 10.4.2003, Civil Revision was ordered to be heard along with the appeal and as such, both the appeal as well as Civil Revision are being disposed of together.