RAJ KARAN SINGH Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) AS , according to the complainant/decree holder, the judgment and order passed in First Appeal No. 386/2001, M/s. The New India Assurance Company Limited v. Raj Karan Singh and Others, 24.5.2002 was not being carried out, therefore, said execution case was filed. The order sheet discloses that after being satisfied that the order of the Hon ble National Consumer Disputes Redressal Commission (for short N.C.D.R.C.), New Delhi as aforesaid was not being carried out, the State Commission drew the coercive proceedings and in compliance thereof a cheque of Rs. 3,51,741/ - dated 29.7.2002 was handed over to the decree holder Sri Raj Karan Singh. Simultaneously the judgment debtor reserved his right to file objection. On 4.10.2002 Sri Isar Husain, Counsel for decree holder stated that an amount of Rs. 3,51,741/ - was received but the amount of Rs. 2,89,000/ - and odd was still to be received which also includes the value of salvage. This is how the matter has come before us.

(2.) THE sole question which crops up for active consideration is as to whether the judgment debtor has complied the order dated 24.5.2002 passed by Hon ble N.C.D.R.C. in First Appeal No. 386/2001 in full or still some compliance is to be done. To better appreciate the respective arguments, it is necessary to give a reference to the facts of the present case in brief.

(3.) INITIALLY a Complaint Case No. 348/SC/1992 was preferred before the State Commission for compensation in which the judgment debtor/Insurance Company was asked to pay to the complainant a sum of Rs. 2,74,500/ - along with interest @ 18% per annum with cost of Rs. 5,000/ -. Instead of satisfying the claim as so ordered by the State Commission, the judgment debtor/Insurance Company preferred an appeal before the Hon ble N.C.D.R.C. which was numbered as First Appeal No. 386/2001. On 18.12.2001 the following order was passed: