The need for the Executing Court to examine calculations to ensure the award has been satisfied and to exercise discretion in favor of claimants to condone delay in filing review applications when permitted by the Court in a revision petition.

Hemant Gupta, J. - Vide award dated 7.1.1984, the petitioners were awarded compensation of Rs. 1,52,500/- by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal). However, the said amount was enhanced to Rs. 4,08,000/- vide order dated 5.8.1998 in appeal by this Court along with interest at the rate of 12 per cent per annum.

2. The execution of the said amount was dismissed as satisfied on 25.1.1997. Aggrieved against the said order the petitioners filed revision before this Court challenging the calculations made by the respondent, on the basis of which the learned Executing Court has passed an order as the execution fully satisfied. This Court vide order dated 15.9.1997 permitted the petitioner to file a review application to make the grievance regarding the calculations made by the respondent while making payment. Such review application was filed on 17.12.1997 but the same was dismissed as beyond the period of limitation on 8.1.2004. Aggrieved against the said order the petitioners are in revision petition.

3. Learned Executing Court declined the application on the ground that the certified copy of the order was made available to the petitioner on 27.7.1997 but the review application was filed on 17.12.1997 i.e. after the expiry of 30 days and thus, the review application is beyond limitation.

4. Learned counsel for the petitioners has vehemently argued that one of the petitioners seeking review of the order was minor not only on the date on which the order was passed by the Executing Court but also on the date when he sought review of the order and, therefore, the interest of the minor could not be jeopardised by raising a plea of limitation.

5. The claim of the petitioners whether the amount has been calculated in terms of the award passed by the Tribunal as modified by this Court is a matter of record. Learned Executing Court should have examined the calculations to find out whether the award has been satisfied in its entirety keeping in view the calculations given by the petitioner. Said calculations can be determined by the learned Executing Court to be incorrect only if such calculations are considered after giving notice to the judgment debtors. In any case, the learned Executing Court should have exercised discretion in favour of the claimants to condone the delay in filing of the review application and to seek compensation which has been duly awarded by the Tribunal when this Court in revision petition has permitted the petitioners to seek review of the order.

6. Thus, the order passed by the Execution Court on 25.1.1997 is set aside. The Executing Court is directed to find out whether compensation in terms of the award dated 7.1.1984 as modified by this Court, has been paid or not.

7. The parties through their counsel are directed to appear before the Executing Court on 28.3.2005 for further proceedings in accordance with law.

Petition allowed.