NATIONAL INSURANCE COMPANY LTD. Vs. SMT. SAYEEDA KHATUN AND ORS.
LAWS(RAJ)-2010-7-133
HIGH COURT OF RAJASTHAN
Decided on July 07,2010

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Smt. Sayeeda Khatun and Ors. Respondents

JUDGEMENT

Prem Shankar Asopa, J. - (1.) By this writ petition, under Article 227 of the Constitution of India, the Petitioner Insurance Company has challenged the notice dated 16.12.1998 (Anx.6) issued by the Motor Accident Claims Tribunal, Jaipur Distt. Jaipur (hereinafter referred to as 'the Tribunal') in Execution Petition No. 90/1998 whereby the Tribunal has directed the Petitioner to deposit the cheque/bank draft of the interest amounting to Rs. 26,790/ - for the period between 19.8.1998 and 21.11.1998 for payment to the claimant Respondents.
(2.) Briefly stated the facts of the case are that in regard to an accident which took place on 7.5.1987, Claim Petition No. 1873/1992 Smt. Sayeeda Khatun and Ors. v/s. Dayal Chand and Anr. was filed before the Tribunal. The Tribunal, after hearing the parties, vide its judgment and Award dated 27.11.1992, while granting compensation amounting to Rs. 6,85,000/ - in favour of the claimants, ordered that in the event of non payment of the compensation within a period of two months, the Claimants will be entitled to get interest at the rate of 15% from the date of institution of the claim petition.
(3.) The Insurance Company challenged the Award dated 27.11.1992 before this Court by filing S.B. Civil Misc. Appeal No. 147/1993 National Insurance Company Ltd. v/s. Smt. Sayeeda Khan and Ors. which was dismissed on 31.7.1998. Thereafter, the Insurance Company filed DB SAW No. 159/1998 before this Court which too was rejected against which special leave petition was filed by the Insurance Company before the Supreme Court. Counsel for the Insurance Company stated at bar that the aforesaid special leave petition has been dismissed by the Supreme Court.;


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