Joginder Singh vs Basant Kaur and Others

A.P. Chowdhri, J.—Motor Accident Claims Tribunal, Bhatinda, passed an award for Rs. 70,000/-. Joginder Singh has preferred F.A.O.

No. 198 of 1984 against the said award. The recovery of the amount was stayed by the Court. An application appears to have been made for

vacation of the stay. On 2-4-1984 it was directed by this Court that the appellant will deposit Rs. 20,000/- by four instalments of Rs. 5,000/- each

on 1-6-1984, 1-8-1984,1-10-1984 and 1-12-1984. The amount was to be disbursed along with interest to the party which succeeded as a result

of the aforesaid F.A.O. The order was not complied with. On 3-9-1984 an agreed order was passed by the Court in which the aforesaid

instalments were rescheduled to be deposited by 10th of September, 1984,10th of November, 1984,10th of January, 1985 and 10th of March,

1985 along with interest and costs. It was further stated that if the appellant failed to deposit the amount in terms of the order, the stay shall stand

vacated. The amount of Rs. 20,000/- was eventually deposited by the appellant but it was deposited late and neither any interest nor costs were

deposited. In terms of the order, therefore, the respondent moved the Motor Accident Claims Tribunal for payment of the amount. The respondent

had already Rs. 5,000/- and wanted payment of the balance Rs. 15,000/-. By order dated 14-3-1989 the Motor Accident Claims Tribunal,

Bhatinda, observed that the amount deposited by the J.D. (appellant before the High Court) had been deposited p/2 in fixed deposit receipt and

the amount was expressly made payable to the party found entitled as a result of the decision of the F.A.O. With this observation, the learned

Presiding Officer of the Tribunal dismissed the application of the respondent, Through this Civil miscellaneous petition u/s 151 of the Code of Civil

Procedure, the respondents seek clarification and necessary direction to the Tribunal. In reply to the application, it is not disputed that the amount

of Rs. 20,000/- was deposited after the time fixed for depositing various instalments in the order dated 3-9-1984. It is also not disputed that the

costs and interest have not been deposited. The only plea raised is that if the respondent had made an application earlier the appellant would have

deposited interest and costs. The appellant also expressed his willingness to deposit interest and costs in terms of the said order. The plea raised in

the written statement is to be rejected because the order was quite categorical and admitted of no ambiguity. It was further stated in the order that

if the appellant failed to comply with the order i.e. if the installments were not deposited by the dates mentioned therein, the stay shall stand

vacated. Admittedly, instalments were not deposited by the dates mentioned in the order. It is further not disputed that interest and costs have not

been deposited. In terms of the order, therefore, the stay stands vacated. The amount of Rs. 15,000/- together with interest which may have

accrued due on the said amount shall be disbursed in favour of the order of the Motor Accident Claims Tribunal. P/3 Civil Miscellaneous No.

2817-CII of 1989 is disposed of in these terms.