THE HONOURABLE DR.JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.1810 of 2019

ORDER:

This Civil Revision Petition is filed by the petitioner - Judgment Debtor (for short "J.Dr.") No.2 aggrieved by the order dated 06.12.2018 passed in E.P.No.30 of 2013 in O.P.No.1948 of 2000 by the learned II Additional Chief Judge, City Civil Court, Hyderabad.

2. The facts of the case in brief are that O.P.NO.1948 of 2000 was filed by the respondent No.1 - decree holder (for short "D.Hr.") claiming compensation for the injuries sustained by him in a car accident and the said O.P. was decreed awarding compensation of Rs.27,20,000/- with interest and costs of Rs.29,157/- by order and decree dated 21.03.2007. Aggrieved by the said order, both the claimant as well as the Insurance Company preferred appeals vide M.A.C.M.A.Nos.2772 of 2007 and 198 of 2008 respectively, which were dismissed by order dated 01.02.2011 confirming the order passed by the Tribunal. At the stage of admission, the Division Bench of the High Court granted interim stay on condition of depositing half of the decretal amount together with interest and costs within a period of six (06) weeks from the date of the order in M.A.C.M.A.M.P.No.376 of 2008 in M.A.C.M.A.No.198 of 2008 dated 07.02.2008. The Insurance Company complied the said order by depositing Rs.13,35,000/- (Rs.13,60,000/- (-) Rs.25,000/-) being half of the decretal amount plus Rs.7,82,429/- towards proportionate interest and Rs.14,579/- towards proportionate costs, aggregating Rs.21,32,008/- in addition to the statutory deposit of Rs.25,000/- paid on 26.10.2007 as a precondition for filing the appeal.

2.1. After the dismissal of the appeal M.A.C.M.A.No.198 of 2008 dated 01.02.2011, the Insurance Company deposited the remaining half of the decretal amount with proportionate interest and costs on 01.03.2012 Rs.25,28,716/- (comprising of Rs.13,60,000/- towards 50% of the decretal amount, Rs.11,54,137 towards proportionate interest and Rs.14,579/- towards proportionate costs).

2.2. Subsequently, the D.Hr. - claimant filed I.A.No.2150 of 2012 to amend the decree stating that he filed O.P.No.456 of 1995 before the Motor Accident Claims Tribunal (for short "MACT"), Anantapur on 22.12.1995 claiming compensation of Rs.6,00,000/- and later filed transfer petition vide Transfer C.M.P.No.50 of 2000 before the High Court, which was allowed on 19.06.2000 and the O.P. was transferred to II Additional Chief Judge, City Civil Court, Hyderabad and re-numbered as O.P.No.1948 of 2000. In the order and decree passed by the Tribunal, the date of filing O.P. was recorded as 25.10.2000 instead of 22.12.1995 by oversight, which also missed his attention either at the time of filing appeal or at the time of disposal of appeal. The said amendment petition was allowed on 28.02.2013. Thereafter, the claimant-Decree Holder filed E.P.No.30 of 2013 by filing calculation memo claiming Rs.12,46,671/- by the date of filing E.P. In the calculation memo, the claimant had shown the amounts deposited by the petitioner - Insurance Company appropriated towards interest and costs initially and thereafter towards the principal and claimed Rs.12,46,671/-.

2.3. The Insurance Company filed its counter and opposed the said calculation stating that the amounts deposited by the Insurance Company towards the decretal amount with interest and costs as per the order of the High Court were already withdrawn by the claimant, as such it would amount to satisfaction of the decree. After amendment of the decree, the claimant would be entitled for the difference of interest from the original date of filing, to the date of filing recorded in the original decree i.e. from 29.12.1995 to 25.10.2000 only. After amendment of decree, the Insurance Company deposited the difference of interest on 06.12.2013 after deducting Income Tax at source and paid Rs.9,52,368/- towards difference in interest for the period from 29.12.1995 to 25.10.2000. After the decree was amended from 25.10.200