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Judgment
Heard Mr. A.K. Sahani, counsel assisted by Mr. Ajit Kumar, on behalf of the petitioners.
This writ petition has been filed for the following reliefs:
 “the petitioner prays for grant of an appropriate writ in the nature of Certiorari or an order or direction for quashing an order dated 29/7/2010
passed by learned 1st Additional District Judge, Palmau in Execution Case No. 01 of 2008 (Annexure-2) whereby the execution case has been
disposed of with satisfaction of final payment of the Award with a direction to the respondent to pay interest amount upon compensation amount to the
petitioners within a specified period and for any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper.â€
It is submitted by the counsel for the petitioners that the son of the petitioner namely Vijay Kumar Soni died out of motor vehicle accident on 9.5.98.
The petitioners claimed for compensation u/s 166 of the Motor Vehicle Act which was registered as M.V. Case No. 29 of 1998 and the petitioners
were found to be entitled to receive compensation of Rs. 1,24,500/- with interest @ 6% per annum from the date of institution of case till its actual
realisation. Thereafter, the petitioners preferred an appeal before this Hon'ble Court which was registered as M.A. No. 345 of 2006 and was disposed
of vide order dated 18.06.2007 and the compensation was increased to lump sum amount of Rs. 2,00,000/-. The respondent has paid the amount of
Rs. 2, 00,000/- minus the amount already paid to the claimant. The petitioners, on 2.12.2008 filed execution case pursuant to order dated 18.06.2007
passed in M.A. No. 345 of 2006 for payment of interest and vide order dated 29.07.2010 passed in Execution Case No. 01 of 2008, the learned 1st
Additional District Judge, Palamau disposed of the case mentioning that the final payment as per the award has already been made to the petitioners.
The grievance of the 9etitioners is that further amount by way of interest is payable to the petitioners which was not taken into consideration.
After perusal of the records of the case, this Court finds that in view of the order dated 18.06.2007 passed in M.A. No. 345 of 2006 the amount
of compensation was increased to lump sum amount of Rs. 2,00,000/- and the amount has already been paid to the petitioner and there was no
direction about payment of any interest. Accordingly, the petitioner was entitled for total payment of Rs. 2, 00,000/- which has admittedly been
received by the writ petitioners. This Court finds no illegality in the impugned order dated 29.07.2010 passed by the 1st Additional, District Judge,
Palamau in Execution Case No. 01 of 2008 as no further amount was payable to the petitioners by way of interest as claimed by the petitioners in the
writ petition.
Accordingly, this writ petition is dismissed.