- (1.)IT is a revision filed by the Decree-holder (claimant) against the order, dated 26-2-1999, passed by learned 1st Additional Member, Motor Accident Claims Tribunal, Dhar, in Claim Case No. 137/92-95, whereby his application that award put in execution has not been fully satisfied and some more amount is required to be paid/deposited by the judgment debtor was rejected.
(2.)PETITIONER has obtained an award in one claim case against the respondent. His grievance is that full decretal amount is not deposited by the judgment debtor, i. e. , Insurance Company and if proper calculation is made, keeping in view the directions contained in the award, some more amount is required to be paid by the judgment debtor. The petitioner has given his full calculation in his execution application as to how and on what basis, he says that he is still entitled to recover more amount towards full satisfaction of the award in question. The judgment debtor has only denied the calculation.
(3.)IN my opinion, the Executing Court while dismissing the application made by the petitioner committed an error. It was obligatory upon the Executing Court to apply its mind to the details submitted by the petitioner and then should have come to its conclusion as to whether calculation given by the petitioner is in confirmity with the award in question and whether deposits made by the respondent (Insurance Company) can be regarded as deposit made in full and final satisfaction of an award so as to give a final certificate of an award being satisfied fully.