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Judgment
Gautam Kumar Choudhary, J
Heard, leaned counsel for the parties.
The appellant- National Insurance Company Ltd. is in appeal against the order dated 06.05.2025 (Annexure-3) passed by Presiding Officer, MVACT, Hazaribag in Execution Case No.22 of 2023 whereby and whereunder learned Court below has rejected the petition to recall the order dated 13.09.2024 to draw ex-parte proceeding against the judgment- debtor and with a further prayer of quashing the order of attachment against the judgment- debtor.
The facts of the case are not in dispute that the compensation was allowed in M.A. Claim Case No.105/ 2015 in which the learned Tribunal awarded a compensation of Rs.38,97,102/- along with interest @6% per annum from date of settlement of issue (since 18.11.2016) within 30 days, and if failed to make payment within the stipulated time with interest of 9% per annum.
The claimants preferred appeal which was disposed of, by the judgment and order passed by the Co-ordinate Bench of this Court in M.A. No.656 of 2018 whereby and whereunder consortium was enhanced by Rs.40,000/- with interest @7.5% per annum.
It is submitted by learned counsel for the petitioner- Insurance Company that in compliance to the final order, a total sum of Rs.45,01.636/- has been paid including interest amount vide Cheque dated 02.11.2018 by the petitioner- Insurance Company.
It I argued by the counsel for the petitioner that as a matter of fact, an extra amount of Rs.61,779/- has been paid including interest @9% per annum as directed by the Tribunal. However, this Court while hearing the appeal has reduced the rate of interest from 9% to 7.5% per annum. On which, the further calculation was made and found that the said extra payment of Rs.61,779/- has been made.
The main grievance of the petitioner- Insurance Company is that the Executing Court is proceeding ex-parte without entertaining the objection with regard to extra payment by the petitioner- Insurance Company.
Learned counsel for the respondents/ claimants submits that there is no error in the calculation and so far, the claimants have received a sum of Rs.44,20,730/- only. It is not disputed by leaned counsel for the claimants that this amount includes interest @9% per annum being penal interest as the payment was made within a month of the order by the Insurance Company. The main grievance is that Rs.40,000/- as consortium along with interest has not been paid.
Having considered the submissions advanced on behalf of both the sides, learned Tribunal is directed to compute the compensation amount as per the order passed by this Court in M.A. No.656 of 2018 along with interest after hearing both the sides. Both the parties are directed to appear before the learned Tribunal on 01.12.2025 and thereafter the learned Tribunal shall pass order after hearing the parties.
The instant CMP stands disposed of. Pending I.A., if any, also stands disposed of. In the meantime, the execution proceeding is stayed.