Punjab-Haryana High Court
The Oriental Insurance Company ... vs Kamlesh Bhalla And Ors on 22 September, 2023
Neutral Citation No:=2023:PHHC:125301
136 2023:PHHC:125301
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 142 of 2021 (O&M)
Date of Decision: 22.09.2023
M/s Oriental Insurance Company Limited
... Petitioner(s)
Versus
Dr. Kamlesh Bhalla and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Sanjiv Pabbi, Advocate
for the petitioner(s).
Mr. Rajesh Arora, Advocate
for the respondent No.1.
Anil Kshetarpal, J.
1. Pursuant to the award passed by the Motor Accidents Claims
Tribunal, Gurgaon (hereinafter referred to as "the Tribunal"), the execution
petition was filed by the claimants to recover the amount awarded by the
Tribunal along with the interest.
2. On 288.2020, the Executing Court accepted the calculation
submitted by the decree holder while directing the State Bank of India to
release the amount of ₹33,70,867/- in favour of the claimants. The insurance
company (judgment debtor) has filed an application for directing the decree
holder to refund the excess amount as there was an error in the calculation of
the amount. It was pointed out that the claimants have calculated the amount
while calculating the amount along with the compound rate of interest which
was never awarded by the Tribunal. However, the Executing Court has
refused to go into the aforesaid issue on the ground that deciding the
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question of calculation would amount to revisiting the order dated
28.08.2020. The Court has also observed that the Executing Court cannot
revisit the said order except on the permissible grounds of review.
3. The correctness of the aforesaid order has been challenged in
this revision petition.
4. On the one hand, the learned counsel representing the insurance
company submits that the Tribunal never directed the payment of
compensation along with the compound interest. Whereas, on the other
hand, the learned counsel representing the respondent-claimants submits that
the amount remained with the insurance company from the year 2012,
therefore, they are entitled to the bank rate of interest.
5. This Court has considered the submissions of the learned
counsel representing the parties. An application filed to draw the attention of
the Court to a calculation error does not strictly fall in the scope of the
review petition. The petitioner is not praying for review on the merits of the
case. Once the attention of the Court has been drawn to a calculation error,
the Executing Court was required to examine the same. In such
circumstances, the order dated 06.11.2020, is modified while directing the
Executing Court to examine the error in the calculation pointed out by the
insurance company and thereafter, decide the same in accordance with the
law.
6. With the observations made above, the present revision petition
is disposed of.
7. The parties, through their learned counsel, are directed to
appear before the Executing Court on 20.10.2023.
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8. The miscellaneous application(s) pending, if any, shall stand
disposed of.
(Anil Kshetarpal)
Judge
September 22, 2023
"DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:125301
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