HRTC Vs. ASHA CHAUHAN AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order of Lok Adalat whereby it was held that the matter has been settled for Rs. 9,75,000/ -along with future interest @ 12% per annum from 19.10.1996. It would be pertinent to mention that the MACT in the case had awarded total compensation of Rs. 10,80,000/ -along with future interest @ 9% per annum from the date of filing of the claim petition till the same was paid or deposited in Court.

(2.) THE HRTC filed an appeal before this Court which was registered as FAO No. 293 of 2001. The claimants did not file any appeal or cross -objections. The matter was taken up in the Lok Adalat where negotiations were held and it was agreed that the compensation payable would be Rs. 9,75,000/ -.

(3.) THE HRTC thereafter filed an application in the month of December, 2003 itself before this Court under Section 152 of Code of Civil Procedure claiming that the statement of Sh. K.C. Chauhan had been wrongly recorded and that in all the cases settled in the Lok Adalat rate of interest was the same as was ordered by the MACT. It was further averred that in case interest was allowed @ 12% per annum, the HRTC would be liable to pay about Rs. 1.5 lakhs more than the amount payable under the award under challenge. This application was dismissed solely on the ground that the award of the Lok Adalat could only be set aside in proceedings under Articles 226 & 227 of the Constitution of India and not in an application under Section 152 CPC. Hence the present petition.