RAJESH SHANKAR,J. - (1.) Heard the learned counsels for the parties.
(2.) The present writ petition has been field for issuance of writ of certiorari for quashing the order dated 19.07.2006 passed by 6th Addl. District Judge, Dhanbadcum MACT, Dhanbad in Misc. Case No. 1(b) of 2004, whereby the learned Judge has been pleased to direct the petitioner to pay a sum of Rs. 77,377/- to the respondent being the interest amount from the period when the respondent was not a party in the motor vehicle accident claims proceeding.
(3.) The learned counsel for the petitioner submits that on 30.06.1984, the claimant Ram Gopal Verma filed a Title (MV) Suit No. 54 of 1984 for award of compensation of Rs. 94,200/- on account of accidental injury allegedly caused by the vehicle of the petitioner company. Initially, the said claim case was filed against the New India Assurance Co. Ltd. and the present petitioner as opposite party no. 2. The learned Tribunal vide order dated 28.03.1992 awarded a sum of Rs. 48,400/- in favour of the claimant which was to be paid by the petitioner. The petitioner preferred an appeal being MA No. 78 of 1992(R) before this Court against the said award and during the argument, it transpired that the vehicle was insured with the respondent National Insurance Co. Ltd. This Court vide order dated 20.02.1998, after hearing the parties, set aside the impugned award and remanded the matter back for fresh hearing by taking the certificate of insurance as additional evidence and for fixing the liability. On 05.08.2000, the petitioner moved an application before the Tribunal for impleading the respondent as party defendant. On 03.05.2002, the respondent appeared before the Tribunal and on 09.01.2003, it filed the written statement denying and disputing its liability on several grounds including the fact that the record with respect to the insurance of the concerned vehicle was not found. On 16.01.2003, the learned Tribunal passed the award holding that the respondent Insurance Company is liable to pay an amount of Rs. 48,400/- with interest @ 9% from the date of filing of the claim case. The respondent in compliance of the said award, paid the claimant an amount of Rs. 48,400/- with interest of Rs. 80,440/- on 29.05.2003 and the claimant received the said amount on 11.06.2003. Thereafter, the respondent filed an application under Section 174 of the Motor Vehicles Act, 1988 (hereinafter to be referred as "the Act") on 11.06.2003 itself for issuance of certificate against the petitioner for recovery of the interest amount of Rs. 80,440/- which was rejected. Subsequently, on 11.02.2004, the respondent filed another application being Misc. Case No. 1(b) of 2004 before the Tribunal for initiation of recovery proceeding to recover the interest amount from the petitioner. The petitioner, on receipt of notice appeared in the said case and filed the show cause. However, the learned Tribunal vide order dated 19.07.2006, modified the earlier award dated 16.01.2003 holding the petitioner liable to pay interest of Rs. 77,377/-. The petitioner has thus challenged the order dated 19.07.2006 passed by the learned Tribunal in the present writ petition.;