NIRMAL BHALLA Vs. PUNJAB STATE

JUDGEMENT

(1.) VIDE award dated 7.1.1984, the petitioners were awarded compensation of Rs. 1,52,500/- by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal). However, the said amount was enhanced to Rs. 4,08,000/- vide order dated 5.8.1998 in appeal by this Court along with interest at the rate of 12 per cent per annum.

(2.) THE execution of the said amount was dismissed as satisfied on 25.1.1997. Aggrieved against the said order the petitioners filed revision before this Court challenging the calculations made by the respondent, on the basis of which the learned Executing Court has passed an order as the execution fully satisfied. This Court vide order dated 15.9.1997 permitted the petitioner to file a review application to make the grievance regarding the calculations made by the respondent while making payment. Such review application was filed on 17.12.1997 but the same was dismissed as beyond the period of limitation on 8.1.2004. Aggrieved against the said order the petitioners are in revision petition.

(3.) LEARNED counsel for the petitioners has vehemently argued that one of the petitioners seeking review of the order was minor not only on the date on which the order was passed by the Executing Court but also on the date when he sought review of the order and, therefore, the interest of the minor could not be jeopardised by raising a plea of limitation.