- (1.) THIS miscellaneous application under Section 151 C.P.C. has been filed on behalf of the applicant-Rajasthan State Road Transport Corporation seeking following prayer : "It is, therefore, prayed that this application may kindly be allowed and the amount of US Dollar may kindly be directed to be first convert into Indian Currency i.e. Rupees and thereafter same may be paid to the claimant or any acceptable instrument and the amount so calculated will be at the rate of conversation of rupee into US Dollar which was prevalent on the date of award. It is further prayed that applicant- Corporation may be given a liberty to make payment of the award to the claimant Mr. Alexis Sonier or to his mother in four installments payable within a period of one year and post dated cheques of the same may be deposited in the Tribunal. Any other order or direction, which this Hon'ble Court deems fit and proper may kindly be passed in favour of the applicant."
(2.) LEARNED counsel for the applicant-R.S.R.T.C. submitted that the learned Tribunal while passing the award has determined the compensation, both, in Indian rupees as well as U.S. dollar and so far as the amount of compensation determined under U.S. dollar was concerned at the conversion rate of Rs.14/- prevailing at the time of passing of the award had been converted to Indian rupees and the total amount determined in Indian Rupees. Submission of the learned counsel for the applicant-RSRTC is that the award passed by the learned Tribunal having been quantified in Indian rupees at the time of passing of the award the claimants should not be subjected to the directions for payment of awarded amount of compensation in U.S. dollar, but on the basis of the amount quantified after conversion under the award @ Rs.14/- per dollar. Having heard learned counsel for the parties and perused the award passed by the learned Tribunal as well as judgment dated 23.04.2010 passed by this Court, while deciding the appeal filed by the applicant-RSRTC and the appeal filed by the claimants, following directions were issued while deciding the appeal : "In the result, while maintaining the findings in respect of the issues and award of claim to the claimant-respondent, this appeal is partly allowed and only for the amount of 1,25,348.01 USD under the category "Special damages" in para (iv) which is disallowed for the reasons stated above. The remaining part of the award is maintained i.e. the claimant Alexis Sonier shall be entitled to compensation of Rs.27,15,954/- plus 5,74,584 USD only." Thus, while deciding the appeal directions are explicitly clear. The amount of compensation, as determined under the Indian rupees is Rs.27,15,954/- and the amount of compensation payable in US dollar is USD.5,74,584/-. Since, the claimants reside in United States and the amount has to be paid in totality not in Indian rupees but in US dollar, which is the currency of U.S., the amount of Rs.27,15,954/- shall be liable to be converted to US dollar at the prevailing rate as of today and the amount of USD.5,74,584/-, which is payable under the terms of the award and the judgment of this Court in U.S. dollars shall be liable to be paid in U.S. dollars also. The question of payment of the amount awarded in Indian Rupees in totality as done by the Tribunal in its award dated 29.09.2003 after conversion of the amount into Rupees by multiplying the amount of compensation determined under USD by 14, which was the prevailing rate while passing the said award cannot be accepted as the payment is being made now. If the total amount is to be calculated in Indian Rupees, the exchange rate has to be on the date of payment and not on the date of the award by multiplying the amount of compensation payable in USD by the prevailing rate. Moreover, in this case the claimants have not received any compensation since 2003. Thus, on the date when payment is being made the prevailing exchange rate shall apply, if the applicant wants to pay the entire amount in Indian Rupees.
(3.) THERE is, therefore, no substance in this miscellaneous application. The same stands dismissed. The stay application also stand disposed of.;