KUSUM RANI Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL

JUDGEMENT

(1.) This revision is against the order dated 2nd September, 2006 passed by the Motor Accident Claims Tribunal, Moga in Execution No. 1 of 2006. It is admitted case of the parties that an award of Rs. 7,10,000 was passed by the Motor Accident Claims Tribunal, Moga, bearing interest @ 9%. It is also not in dispute that Insurance Company and also the claimants have filed the appeals against the award dated 16th November, 2005 passed by the Tribunal before this Court and the appeals are still pending. However, no interim directions have been issued by this Court. There being no stay of Tribunal's judgment by this Court, the claimants initiated proceedings for execution of the award. During the execution proceedings, the Tribunal vide its order dated 2nd June, 2006 ordered the Insurance Company to pay Rs. 5,00,000 to the claimants within 20 days. It is admitted on behalf of the claimant-petitioners that the amount of Rs. 5,00,000 has been received by the claimants. Tribunal without proceeding further in the execution for recovery of the rest of the awarded amount passed the impugned order dismissing the execution being partly satisfied.

(2.) I fail to understand the propriety of this order. Once an appeal is filed and award has not been stayed by any competent Court, it was the duty of the Tribunal to execute the award in its entirety. Why the Tribunal has declined to execute the award to its entire satisfaction is not forthcoming from the impugned order. The order is erroneous and is liable to be set aside.

(3.) I accordingly set aside the order and direct the Tribunal to proceed with the execution till the award is satisfied. However, the execution of award will remain subject to the outcome of the appeals pending before this Court.