The main legal point established in the judgment is the immediate release of enhanced compensation to the petitioner upon verification of identity, without further application or request, by the Tribunal.

JUDGMENT

Rajiv Narain Raina, J. (Oral) - In the appealable award of 25.01.2013 delivered by the Motor Accident Claims Tribunal, Panchkula, the claimant/petitioner secured compensation assessed at Rs. 10,43,666/- for the injuries* [see foot note (para 15): loss of "other gains which the plaintiff would have made had he not been injured"] suffered by him as a result of the motor accident which befell on 29.03.2009. The claimant/petitioner filed an appeal for enhancement to this Court by way of presenting FAO No.10473 of 2014 and the compensation was enhanced on 20.9.2017 and the order of the MACT, Panchkula was modified awarding a total sum of Rs.21,06,000/-less already paid.

2. Feeling still aggrieved, the petitioner approached the Supreme Court by filing SLP (Civil) No.23153 of 2019 in which leave was granted and the petition was converted into Civil Appeal No.5123 of 2019. The Supreme Court by its final judgment and order dated 1.07.2019 have enhanced the compensation awarding amounts under different heads tabulated in Para. 6 of the award which reads as follows:

"6. In view of the aforesaid discussion, the appellant is entitled to the following amounts:

(i) Rs.32,40,000/- to be awarded towards loss of future earnings by taking the income of the appellant at Rs. 10,000/- p.m. and granting future prospects @ 50%;

(ii) Rs.7,50,000/- to be awarded towards repeated hospitalizations and medical expenses for undergoing 5 surgeries and medical treatment;

(iii) Rs. 10,00,000/- to be awarded towards future medical expenses and attendant charges;

(iv) Interest @ 9% awarded by the High Court from the date of claim petition till the date of recovery to be maintained."

3. The Supreme Court affirmed the ruling of this Court in appeal absolving the Insurance Company of liability to bear the brunt of compensation, as evidence was called for and produced from the office of the Regional Transport Office to prove that the drivers of the two offending trucks, who were at the time of the accident driving those vehicles without valid driving licenses. The Supreme Court noted that the owners and the drivers of the offending trucks had not appeared at any stage of the proceedings including before the Supreme Court. The operative part of the order of the Supreme Court in Para 7.2, while allowing the appeal, reads as follows:

"7.2 We deem it just and fair to direct the respondent -Insurance Company to pay the enhanced amount of compensation as indicated in Para 6 above, to the appellant within a period of 12 weeks from the date of this judgment. The respondent - Insurance Company is directed to make out a Demand Draft in the name of the appellant, which can be used for his care for the rest of his life. The respondent -Insurance Company is entitled to recover the amount from the owners and drivers of the two offending trucks."

4. Indisputably, the award has attained finality and compensation has been enhanced in the region of about Rs.50 lakhs of which Rs. 10,43,000/- has been deposited before the Tribunal by the judgment debtor insurer contractually bound by the insurance policy and that amount has been disbursed to the injured claimant for present and future loss of a normal life, had the accident not occurred. This amount has to be deducted from the final calculations of the enhanced compensation awarded by the Supreme Court and the balance is due and payable with interest.

5. This revision petition has been preferred under Article 227 of the Constitution [there being no other remedy] arising out of the execution proceedings to recover the balance amount. The entire compensation has been deposited by the Insurance Company before the Tribunal. The question of disbursement of the remaining sum adjudicated remains as a grievance in this appeal pending payment. Mere deposit without access to money is no good for the petitioner. He needs the money now. Counsel says the money cannot be held back for any reason whatsoever so that, one day, it does not form