IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

258/1

CR No.3765 of 2022(O&M)

Date of Decision: 16.03.2023

Parvati Devi and others

...Petitioners

Versus

United India Insurance Company Limited and others...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:-

Mr. Surinder Singh Duhan, Advocate,

for the petitioner.

Mr. Ram Avtar, Advocate,

for respondent No.1.

***

VIKAS SURI, J. (Oral)

Learned counsel for the petitioners submits that the instant

revision petition was ordered to be listed along with FAO-1951-2021, in

which learned counsel for the appellant has sought accommodation to

address arguments.

The execution petition is an offshoot of non-compliance of the

order dated 03.03.2022 passed in the appeal and the same can be heard

independently.

Mr. Ram Avtar, learned counsel for respondent No.1 would

submit that vide order dated 03.03.2022 passed in FAO-1951-2022, interest

of the insurance company was protected and thus an amount of 50% was

required to be deposited by way of FDR in a nationalized bank where there

VIKAS CHANDER

2023.07.25 18:04

I attest to the accuracy and

integrity of this document

CR No.3765 of 2022 -2-

is maximum rate of interest, till further orders and the balance 50% was

ordered to be disbursed to the petitioner-claimants against surety and

undertaking that in case the amount is found to be excessive, it shall be

returned back.

Learned counsel for the parties are ad idem that the revision

petition can be heard independently and disposed of pending adjudication of

the appeal. With the consent of the parties the instant petition is taken up for

hearing while adjourning the appeal noticed above.

The facts of the case borne out from the record are that in a

motor accident Satbir Singh had died and on claim being filed before the

Motor Accident Claims Tribunal, Jind, vide Award dated 05.03.2020,

petitioner-claimants were awarded compensation of Rs.39,42,512/- in equal

shares on account of death of Satbir Singh in the accident in question. It was

further stipulated in the Award that on realization of the amount of

compensation, amount of Rs.30,000/- was to be paid in cash to each

petitioner and remaining amount of their shares shall be deposited in any

nationalized bank in fixed deposit for a period of two years. The awarded

amount was to carry interest @ 7.5% per annum. The liability to pay the

said compensation rested with the driver, owner and the insurance company

jointly and severally. On an appeal being carried to this Court by the

insurance company, i.e. FAO-1951-2021, the following order was passed by

this Court:-

“At the very outset, learned counsel for the appellant

has made statement that the appellant undertakes to deposit

the entire award amount in the learned trial Court, within a

period of one month from today.

VIKAS CHANDER

2023.07.25 18:04

I attest to the accuracy and

integrity of this document

CR No.3765 of 2022 -3-

Upon doing so, the learned trial Court shall disburse

50% of this amount against the surety and undertaking that in

case, the amount is found to be excessive, they shall return

back the same.

For remaining amount, 50% be deposited by way of

FDR in an nationalized bank where there is maximum rate of

interest, till further orders.

Heard.

Notice of motion for 12.10.2022.”

It is submitted that on 07.04.2022, the Tribunal passed the

following order:-

“Order dated 03.03.2022 passed by Hon’ble High

Court in FAO No.1951-2021(O&M) has been carefully

perused. In accordance thereof, 50% of the awarded amount

be deposited in the shape of FDR in the name of Motor

Accident Claims Tribunal, Jind in the State Bank of India for

a period of tw