MANJU SRIVASTAVA Vs. ORIENTAL INSURANCE COMAPNAY LTD.

JUDGEMENT

(1.) Petitioners who are legal heirs of Late Surendra Kumar Srivastava, claimant filed instant petition of review relating to order dated 10.03.2014 passed in Misc. Appeal No.683 of 2012 by a coordinate bench whereby and whereunder maintaining the quantum of claim amount, reduced rate of interest from 9% to 6% per annum from the date of filing of the claim petition till final payment to the claimant.

(2.) In order to appreciate the lis in its right perspective, facts of the case is to be taken first.

(3.) Claim Petition No.27 of 2007 was filed by one Surendra Kumar Srivastava before Motor Vehicle Accident Claims Tribunal, Gopalganj on account of injuries sustained by him which he suffered being knocked down by the Marshal Jeep bearing registration no.BR -28 -6590 while he along with other was travelling over a motorcycle, by impleading the relevant parties including Oriental Insurance Company Ltd. insurer of the jeep and vide judgment and decree dated 31.05.2012, the learned Additional Motor Vehicle Claims Tribunal, Gopalganj allowed the petition identifying Rs.5,98,000/ - as claim amount with an interest at a rate of 9% per annum realizable from the date of filing of the petition till the date of final payment against which Misc. Appeal No.683 of 2012 has been filed by the insurance company namely Oriental Insurance Company Ltd. During course thereof, notices were directed to be issued against the respondent on account of which notices were issued and as per execution report relating to Surendra Kumar Srivastava, claimant/respondent no.1, the same happens to be dated 15.06.2013 which speaks that process server met with Surendra Kumar Srivastava who refuse to entertain the notice after going through the same as well as to endorse his signature with regard thereto. On account thereof, the notice has been hanged over his building wherein his family members reside whereupon execution was accepted. Vide order dated 10.03.2014 Misc. Appeal No.683 of 2012 was decided in a manner as disclosed above whereupon petitioners have filed instant review petition.