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Judgment
Jyotirmay Bhattacharya, J.—The Petitioner''s application u/s 166 of the Motor Vehicles Act giving rise to M.A.C. Case No. 34 of 1997 was allowed on contest against the Insurance Company with cost of Rs. 6,000/- to be paid by the Insurance Company and ex-parte against the rest without cost. The learned Tribunal directed the Insurance Company to pay compensation to the tune of Rs. 5,32,660/- to the claimants. The mode of payment of the awarded amount was also prescribed in the said award. It was also provided in the said award that if the said awarded amount is not paid by the Insurance Company to the claimants within 30 days from the date of passing of the said award then the awarded amount will carry interest at the rate of Rs. 12% per annum from the date of filing of the said case till realization of the said money.
The Insurance Company was not satisfied with the said award. Hence, the Insurance Company filed an appeal being F.M.A.T. No. 3588 of 1999. The said appeal was disposed off by the Division Bench of this Hon''ble Court on 17th June, 2002. The judgment which was impugned in the said appeal was modified to the extent that the awarded compensation will be to the tune of Rs. 4,82,660/- instead of Rs. 5,32,660/-as contained in the ordering portion of the impugned order. The remaining part of the said award which was impugned in the said appeal remained undisturbed. As a result, the Insurance Company was required to pay the said compensation money of Rs. 4,82,660/- within 30 days from the date of disposal of the said appeal. The provision relating to payment of interest which was provided in the original award in the event of failure to deposit the awarded amount within 30 days from the date of disposal of the claim petition remained undisturbed in appeal. Thus, if it is found that the Insurance Company has failed to deposit the modified awarded amount within 30 days from the date of disposal of the appeal, the Insurance Company cannot avoid its liability for payment of interest in term of the award of the Tribunal which was affirmed in appeal.
The said appeal was disposed off on 17th June, 2002. The modified awarded amount was deposited by the Insurance Company on 26th September, 2002. Thus, this Court has no hesitation to hold that the modified awarded amount was deposited after 30 days from the date of the disposal of the appeal. As a result, this Court is of the view that the Insurance Company cannot avoid payment of interest on the modified awarded amount at the rate of Rs. 12% per annum from the date of filing of the claim petition till realization of the said money.
Mr. Singh, learned Advocate appearing for the Insurance Company submits that the rate of interest which was awarded by the learned Tribunal is too much exorbitant and as such the rate of interest should be reduced to 8% per annum.
This Court cannot accept such submission of Mr. Singh for the simple reason that if such prayer of the Insurance Company is allowed then such order of this Court will amount to alteration of the ultimate award which was passed by the Division Bench of the Hon''ble Court. Since the ultimate award passed by the Division Bench of this Hon''ble Court in the aforesaid appeal remains unchallenged and further since this Court sitting Singly is not in a position to modify the ultimate award passed by the Division Bench of this Hon''ble Court, the submission of Mr. Singh cannot be accepted.
The impugned order is set aside. The Learned Executing Court is directed to proceed with the execution case for realization of the unpaid interest amount from the Insurance Company.
The revisional application is thus allowed.
Urgent xerox certified copy of this order, if applied for, be given to the parties on priority basis.