Himachal Pradesh High Court
REVIEW PETITION 229 of 2003 on 30 December 2008
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Civil Revision No.229 of 2003.
Date of decision: 30.12.2008
Hari Ram
…Petitioner
Vs
The Oriental Insurance Company Ltd.
….Respondent
Coram:
The Hon’ble Mr. Justice Deepak Gupta, Judge.
Whether approved for reporting?[1] No.
For the Petitioner:
Mr. Sanjeev Kuthiala, Advocate.
For the Respondent:
Mr. Ashwani Kumar Sharma, Advocate.
________________________________________________________
Per Deepak Gupta, J.
This revision petition under Section 115 C.P.C. is directed against the order passed by the M.A.C.T.(II), Solan camp at Nalagarh, dated 16.09.2000, whereby he has dismissed the execution petition as satisfied.
The brief facts of the case are that the petitioner filed a claim petition under Section 166 of the Motor Vehicles Act. This claim petition was allowed and in the concluding portion of the award, the learned M.A.C.T. held as follows:- “The award amount shall be paid within 30 days from today failing which the interest at the rate of 12% per annum shall be charged from the date of petition till its realization”.
The award was passed on 16.09.2000. Admittedly, the amount of compensation was deposited on 20.10.2000. Therefore, it is apparent that the amount was not deposited within 30 days and there is delay of 4 days in depositing the amount. Therefore, the Insurance Company was liable to pay interest at the rate of 12% per annum on the 1Whether the reports of the local papers may be allowed to see the Judgment ?. Yes.
awarded amount of Rs.5 lacs w.e.f. 24.02.1999 till the date of deposit. The learned Executing Court wrongly dismissed the execution petition in respect of the interest.
The review petition is, therefore, allowed and the Insurance Company is directed to deposit the amount of interest as aforesaid in the Registry of this Court within 6 weeks from today. This civil revision petition is accordingly disposed of. This petition is accordingly disposed of.
December 30, 2008
(Yashwant).
( Deepak Gupta), J.