UNITED INDIA INSURANCE COMPANY Vs. KALA DEVI

JUDGEMENT

(1.) Instant petition filed under Art.227 of the Constitution of India lays challenge to order dated 9.10.2018 passed by learned Motor Accident Claims Tribunal(III), Shimla in Ex. No. 25-5/10 of 2015, whereby objections having been filed by the petitioner-judgment debtor (hereinafter, 'judgment debtor) to the above said execution petition came to be dismissed.

(2.) For having bird's eye view of the matter, precisely, the facts of the case, as emerge from the record are that the respondents-Decree Holders/claimants (hereinafter, 'claimants) filed a claim petition under S.166 of the Motor Vehicles Act (hereinafter, "Act") before the Motor Accident Claims Tribunal below, wherein a sum of Rs.4,40,000/- came to be awarded by learned Tribunal below vide award dated 10.7.2007 with interest at the rate of 7.5% per annum from the date of filing of the petition till its realization. Against the aforesaid Award both, claimants and the judgment debtor, filed separate appeals before this Court i.e. FAO Nos. 413 and 498 of 2007, respectively; claimants seeking enhancement of the compensation and, judgment debtor seeking quashment of the Award passed by learned Tribunal below. Vide a common judgment dated 31.7.2013, this Court allowed the appeal of the claimants (FAO No. 413 of 2007) and dismissed the appeal filed by the judgment debtor (FAO No. 498 of 2007). While allowing the appeal of the claimants, this Court enhanced the compensation to Rs.6,99,800/-. Against aforesaid judgment, Civil Appeal No. 9972 of 2014 [arising out of SLP(C) No. 2339 of 2014] (Reported in AIROnline 2014 SC 81) was filed before Hon'ble Apex Court. Aforesaid appeal came to be allowed by Hon'ble Apex Court vide judgment dated 31.10.2014, whereby Hon'ble Apex Court held the claimants entitled to a sum of Rs.14,61,800/-, as compensation, along with interest at the rate of 9% per annum from the date of filing of the petition till the date of payment of the amount.

(3.) Claimants filed Ex. No. 25-S/10 of 2015 before Motor Accident Claims Tribunal (III), Shimla, for execution of the Award dated 10.7.2007, which stood further modified by this Court vide judgment dated 31.7.2013 and by Hon'ble Apex Court vide judgment dated 31.10.2014. Judgment debtor filed objections to the execution petition. Learned executing Court, vide order dated 14.12.2016 dismissed the objections and directed it to deposit the balance award amount. However, the fact remains that the aforesaid order dated 14.12.2016 came to be assailed before this Court by the judgment debtor by way of CMPMO No. 486 of 2016, on the ground that learned executing Court ought not have appointed a local commissioner for calculating the amount payable to the claimants. Aforesaid petition of the judgment debtor came to be allowed vide judgment dated 20.7.2018, wherein this Court held that it is the duty of the Court to determine the amount, due and payable to the claimants and court below ought not have appointed local commissioner for carrying out the calculations. After passing of the aforesaid judgment dated 20.7.2018, matter came to be re-heard by the executing Court. Vide order dated 9.10.2018, objections filed by the judgment debtor were dismissed and it was directed to deposit the balance amount within one week. It is in this background, judgment debtor approached this Court in the instant proceedings, praying therein to set aside the impugned orders dated 9.10.2018.