NEW INDIA ASSURANCE CO.LTD Vs. HARJIT KAUR

JUDGEMENT

(1.) Present petition has been filed challenging the order dated 07.02.2020 (Annexure P-l) passed by the Executing Court, Amritsar, by which Insurance Company has been directed to make the payment of Rs. 5,49,000/- alongwith interest as awarded by the Motor Accident Claims Tribunal, Amritsar, which Award has already attained finality.

(2.) Learned counsel for the petitioner-Insurance Company argues that the Award dated 10.01.2012, according to which, the claimants were held entitled for a sum of Rs. 29,67,170/- alongwith interest @ 6% per annum was challenged by the petitioner-Insurance Company by filing FAO No. 2747 of 2012 and on the prayer of the petitioner-Insurance Company, this Court stayed the disbursal of compensation amount beyond 50% of the total amount awarded by the Tribunal subject to the condition that the entire awarded compensation amount be deposited with the Tribunal and the said order was duly complied with by the petitioner-Insurance Company. Learned counsel appearing on behalf of the petitioner-Insurance Company submits that the said FAO No. 2747 of 2012 was ultimately dismissed by this Court and the compensation awarded in favour of the claimants was enhanced, which enhancement has already attained finality.

(3.) The claimants filed execution claiming the payment of balance amount of compensation awarded to them alongwith interest awarded by the Competent Court of Law upto the date of actual release of the compensation amount and the claim of interest upto the date of actual disbursement of compensation to the claimants was being opposed by the petitioner-Insurance Company on the ground that the disbursal of 50% of the amount of the compensation was stayed by this Court though, the total compensation had already been deposited before the Tribunal with interest upto the said date and their liability to pay interest upon the deposit of the compensation in the Tribunal had come to an end.