NATIONAL INSURANCE CO LTD Vs. RAJ LAXMI SINHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is Defendant No. 3 in Motor Vehicle Case No. 5 of 1993 which was filed by the claimants (opposite party Nos. 1 and 2) in which Award was prepared on 7.1.1998 by which an amount of Rs. 20,17,370/- was awarded with interest at the rate of 6% per annum excluding future expenses till their realisation. This Award was challenged by the other side but it was affirmed upto the Hon'ble Apex Court, whereafter Certificate proceeding for the same was initiated in which two cheques of Rs. 10,95,530/- each was handed over to the claimants for full satisfaction of the said Award and accordingly on 30.1.1999 the District Certificate Officer ordered to drop the said Certificate proceeding. Immediately thereafter on 16.2.1999 the claimants (O.P. Nos. 1 and 2) filed a petition under Section 152 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) for correction of the arithmetical mistake in adding the various heads in the said Award. The said petition has been allowed by the learned 9th Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Bhojpur, Arrah, by the impugned order dated 22.3.1999, which is under challenge in this Civil Revision.

(3.) Learned counsel for the petitioner has submitted that Section 175 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for the sake of brevity) provided a bar on the jurisdiction of Civil Court in an area where Claims Tribunal has been constituted with respect to the claim of compensation under the Act. He further claimed that the Award, having been affirmed upto the Hon'ble Apex Court and fully complied by the petitioner, can not be legally modified after full and final satisfaction of the claimants recorded in the Certificate proceeding. He relied upon a decision in case of United India Insurance Co. Ltd. v. Jyotsnaben and Ors. in which it was held that the claimants will not be entitled to more compensation than claimed by him. He further stated that neither in the appeals nor in the certificate proceeding the claimants ever raised any such defect in the Award and hence the Award is binding upon them and modification in such Judgment and Award after full and final settlement, can not be allowed as has been held in 1997 Karnataka ACC 389.