C.K.ABDUL REHIM,J. - (1.) An order passed by the Motor Accident Claims Tribunal, Thalassery in IA No. 1103/2002 in OP(MV) No. 465/1988 is under challenge in this appeal filed at the instance of the insurance company, who was the 2nd respondent in the original claim petition before the Tribunal.
(2.) The claim petition was filed with respect of a motor vehicle accident which occurred on 18.03.1988, in which one Dr. C.E. Oommen scummed to the injuries sustained. The appellant herein was the insurer of the offending vehicle involved in the accident. The respondents herein are the legal heirs/dependants of the deceased, who were claimants in OP(MV) No. 465/1988. The Tribunal passed an award allowing compensation of Rs. 11,35,384/- along with 12% interest and cost to be paid by the appellant/insurance company. The award was on 16th November, 1990. The said award was challenged in appeal before this court at the instance of the appellant/insurance company, in MFA 356/1991. The appeal was dismissed by this court on 12th January, 2000 on holding that the appellant insurance company was not entitled to challenge the quantum of compensation awarded. In the meanwhile, the claimants initiated steps for executing the award, by filing IA No. 822/2000. The Tribunal had closed that application holding that the amount due was already deposited. The respondents/claimants thereupon filed a review petition before the Tribunal, as IA No. 1903/2000, seeking review of the order passed in IA No. 822/2000. The said review petition was dismissed by the Tribunal on 23.06.2000 by permitting the claimants to file fresh application under Section 174 of the M.V. Act. Accordingly the claimants filed IA No. 1103/2002, which was allowed as per the order dated 06.11.2002, issuing revenue recovery certificate under Section 174 of the M.V. Act, for realisation of the balance amount due under the award. The insurance company challenged the said order in a writ petition filed before this court, O. P NO. 5641/2003. The said writ petition was disposed of through judgment dated 02.08.2007 (Annexure A3 herein). The order passed under Section 174 of the MV Act, dated 06.11.2002 was set aside on observing that the order impugned is highly cryptic. Contention raised by the insurance company was that, the stipulation imposed in the award to pay penal interest @ 15%, on failure to deposit the award amount within one month of the date of the award, cannot be sustained in view of the prolonged contest made against the award in different proceedings. The appellant had also contended that, immediately after dismissal of the first appeal, the entire amount due along with interest at the rate of 12% was deposited. It was also contented that, on account of the stay continued in the appeal, the escalation clause contained in the award, regarding the interest, was not operative during the time when the appeal was pending. But, while disposing the writ petition (OP 5641/2003) the learned Judge had not decided the said issue on merits. Instead, this court relegated the matter to be decided by the Tribunal, by direct to take into consideration of the stay granted from this court in the appeal. The order which is impugned in the present appeal was passed consequent to the judgment in O. P NO. 5641/2003. The Tribunal, after considering of the entire aspects, held that the claimants are entitled to get a balance amount of Rs. 12,42,143/- from the appellant/insurance company. The appellant/insurance company was allowed to remit the said amount within a period of one month. On failure, it was ordered, to issue certificate of recovery. The said order is assailed in this appeal on various grounds.
(3.) Heard; Senior Counsel appearing for the appellant/insurance company as well as the Senior Counsel who entered appearance for the respondents.;