MANOHAR KUMAR GUPTA Vs. PRESIDING OFFICER, MACT, JAMMU

JUDGEMENT

(1.) This is a petition purportedly filed under Article 226 and 227 of the Constitution of India to assail order dated 30 th July, 2009 passed by respondent No.1 in the execution proceedings filed by the petitioner for execution of the award passed under the Motor Vehicles Act.

(2.) The petitioner claims to be a victim of motor accident that occurred on 26th March, 1986 because of the rash and negligent driving of respondent No.4 near Tiger Cinema, Jammu. For the injuries, which the petitioner suffered in the accident, a claim petition was filed before respondent No.1, which, after trial, was allowed vide award dated 30.05.1988 and the petitioner was held entitled to a compensation of Rs.1,16,000/- along with pendente lite and future interest @ 12% per annum. The petitioner was further held entitled to costs of Rs.1,000/-. Aggrieved, respondent Nos. 2 and 3 filed an appeal before this Court, which was disposed of on 10.02.1992 and the award amount was reduced to Rs.71,000/-. The Letters Patent Appeal (LPA(C) No.29/1992) preferred against the judgment of the Single Bench came to be allowed by the Division Bench vide judgment dated 19.04.1999 and the judgment of the learned Single Judge reducing the compensation was set aside and the award of the Tribunal upheld.

(3.) It may be pertinent to notice that the learned Single Judge, at the time of issuing notice to the respondents vide its order dated 10.10.1988, directed the judgment debtor to deposit the award amount of Rs.1,16,000/- with the Registry of this Court within two months. It was also provided in the order that out of the deposited amount of Rs.1,16,000/- a sum of Rs.1,00,000/- shall be released in favour of the claimant-petitioner and the balance amount of Rs.16,000/- shall be kept in fixed deposit till disposal of the appeal by the learned Single Bench. As is further gatherable, the judgment debtor deposited Rs.1,16,000/- in this Court on 08.12.1988 and after some time Rs.1,00,000/-, as directed, was released in favour of the petitioner. After disposal of the LPA, the petitioner filed an execution application before respondent No.1 and during pendency of the same, the judgment debtor-Insurance Company deposited a sum of Rs.33,372/- on 07.02.2002. On 04.06.2002, the Tribunal passed an order for payment of interest, which upon challenge before the High Court was set aside on 31.12.2002. As is apparent from the judgment of Justice T.S.Doabia passed in CR No.155/2002 on 31.12.2002, the petitioner was held entitled to interest on the awarded amount, in terms of the award, till a sum of Rs.1,00,000/- was withdrawn by the petitioner and after that interest @ 12% per annum would be payable on the balance amount i.e. Rs.16,000/. As is asserted, there was some typographical mistake in the aforesaid order of Justice T.S.Doabia, which was later on rectified while disposing of CMP No.284/2003. The figures appearing in judgment dated 31.12.2002 i.e. Rs. 2,14,465/- and figure of Rs.1,14,465/- were corrected to Rs.1,16,000/- and Rs.16,000/- respectively.