ORIENTAL INSURANCE CO.LTD. Vs. SATENDRA KUMAR

JUDGEMENT

(1.) The petitioner has prayed for setting aside the order dated 26.7.2008 passed by Motor Accident Claims Tribunal, Ranchi in Misc. Case No. 49 of 2003. It is an execution proceeding arising out of Compensation Case No. 93 of 1989. By the said order the objection of the petitioner against maintainability of the execution case has been rejected. According to the petitioner, the award given by the Motor Accident Claims Tribunal, in respect of the interest, was modified in Misc. Appeal No. 576/1993. The claimant initiated the said execution proceeding for realising the amount of interest. The petitioner had filed objection against the maintainability of the said case, but without taking into consideration the order of appellate court passed in Misc. Appeal No. 576/1993 learned Claims Tribunal has rejected the petitioner's application holding that the Insurance Company is liable to pay interest as awarded by the Claims Tribunal.

(2.) Learned counsel appearing on behalf of the petitioner submitted that since the award with respect to the rate of interest was modified in Misc. Appeal, the execution proceeding in respect thereto is not maintainable. The award of Claims Tribunal merged in the order of the appellate court and the award of Claims Tribunal is not executable. Learned counsel referred to and relied on a decision of Supreme Court in Om Prakash Verma & Ors. vs. State of Andhra Pradesh & Ors., 2010 13 SCC 158].

(3.) The writ petition has been opposed by the sole claimant-respondent. It has been, inter alia, stated that learned Tribunal has made the award under Section 166 of the Motor Vehicle Act directing the Insurance Company to pay a sum of Rs. Two Lacs as compensation alongwith interest @ 12% per annum from the date of application till its realization within a period of two months, failing which to pay interest @ 18% per annum.