M.H.S. Ansari, J. - (1.) Few background facts need to be stated.
(2.) The appeal being F.M.A. No. 274 of 1993 was preferred jointly by the owner of the offending vehicle and the Insurance Company against the judgment and award dated 25th January, 1990. After having noticed that no leave was obtained by the Insurance Company under Section 110 (i)(c) of the Motor Vehicles Act, 1939 corresponding to Section 170 of the Act of 1988, it was held that the appeal by the Insurance Company was not maintainable and was accordingly dismissed as not maintainable. Court then proceeded to consider the question whether the owner of the vehicle can maintain the appeal and directed as under; "...........Accordingly we treat the present appeal to be an appeal by the owner, delete the Insurance Company from the category of the appellant and transpose it to the category of respondent." Appeal was disposed of with directions as under : ".......The impugned judgment and award is hereby modified by directing the Insurance Company to pay a sum of Rs. 1 lac together with 12% interest from the date of the application after adjustment of amount, if any, which might have been paid already to the appellant within 6 weeks from the communication of this order before the Registrar General of this Court and the claimant will be entitled to withdraw the same. The Registrar General is directed to pay such amount to the claimants in equal share by A/c Payee cheque on proper identification."
(3.) The claimants have filed the contempt application being CPAN 482 of 2004 alleging willful and deliberate violation of the aforesaid directions of Court. By our order dated 27th July, 2004 we directed notice in the first instance be issued upon the respondent Nos. 1 & 2. Pursuant thereto their learned Counsel Mr. Sushil Kumar Das appeared and represented that the respondents have no intention to violate the order and directions of this Court. Attention of this Court was also drawn to the review petition being RVW 3711 of 2003. We accordingly directed hearing of the matters analogously.;