Sufaida Khatun & Ors vs Oriental Insurance Co. Ltd
2021 Latest Caselaw 4811 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             [Civil Writ Jurisdiction]
                             W.P.(C) No. 695 of 2011
       Sufaida Khatun & Ors.                                      .... .. ... Petitioners
                                     Versus
       Oriental Insurance Co. Ltd.                                .. ... ... Respondent
                                      ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

       For the Petitioners                    : Ms. Rishi Bharti, Advocate
       For the Respondent                     : Mr. Alok Lal, Advocate
                                      ......
07/ 14.12.2021.

Learned counsel, Ms. Rishi Bharti on the instruction of learned counsel for the petitioners, Mr. Ashutosh Anand has submitted that petitioners have taken no objection in this case.

Petitioners have preferred the instant writ petition against the order dated 04.09.2010, passed by the AddI. C.T.F.T.C. II, Bermo at Tenughat in Execution Case No.02/09, whereby the Execution Case has been disposed of considering that amount of compensation awarded by the learned Tribunal vide judgment dated 04.03.2009, passed in Motor Vehicle Claim Case No.77/06 has been received by the claimant, as per the decree, sealed and signed on 10.06.2009, within a period of two months, as such, the Executing Court has rightly dropped the Execution Case as the same has already been complied with.

Learned counsel for the respondent, Mr. Alok Lal has submitted that in terms of judgment dated 04.03.2009, passed by learned 1st AddI. District Judge- cum- M.A.C.T., Bermo at Tenughat in M.V. Claim Case No.77 of 2006, the Oriental Insurance Company has been directed to pay compensation amount of Rs.3,92,000/- to the claimant no.1 (Sufaida Khatoon) as because other claimants are dependent upon her. The Insurance Company is further directed to pay the said amount of compensation to the claimant no.1 within two months failing which the claimants shall be entitled to realise the same through the process of the court with interest @ 9% from the date of filing of claim petition. The office clerk is directed to prepare award after obtaining office report and payment of deficit court fee.

It appears that while passing the judgment dated 04.03.2009, the learned Tribunal has not stated that the same shall be paid within a period of two months from the date of the judgment rather the judgment is passed and decree is being prepared after taking office report and considering the payment of deficit court fee and thus, the decree was prepared and signed on 10.06.2009 and

compensation amount has to be paid from that date i.e. 10.06.2009 within a period of two months i.e. 09.08.2009. It appears that the entire amount has already been paid vide cheque issued by the Insurance Company on 15.05.2009, which was produced on 27.06.2009, as such, no interference in the impugned order is required by this Court.

Accordingly, the instant writ petition is hereby dismissed.

(Kailash Prasad Deo, J.) R.S.