SANJAY YADAV
Oriental Insurance Co. Ltd. – Appellant
Versus
Kartar Singh – Respondent
JUDGMENT
1.This revision at the instance of Insurance Company is directed order-dated 25.10.2004 passed in M.C.C. (Execution) No. 96/99 by Motor Accident Claims Tribunal, Ashta District Sehore; whereby, the Executing Court, taking into consideration the stipulation contained under Rule 1 of Order 21 of Code of Civil Procedure, 1908, has held the judgment-debtor/Insurance Company liable for interest on the decretal amount from the date of deposit of decretal amount till the date when claimant was informed as to deposit of such amount.
2. Rule 1 of Order 21 CPC stipulates -
"1. Modes of paying money under decree. -(1) All money, payable under a decree shall be paid as follows, namely:-
(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money order or through a bank; or
(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or
(c) otherwise, as the Court which made the decree, directs.
(2) Where any payment is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Cou
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