c IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR c^-^^. W.P.^ N0. o3 OF 2009 PETITIONERS DECREE HOLDERS ../ ^ ..^' \0^>"::.. ^^-- ^"^ !'\>.^~ .^"yy * ^y../-"'"' ^^ RESPONDENTS JUDGMENT DEBTORS r' 1. Jagir Singh, S/o Bhola Singh, aged about 65 years, •^2. Jagir Kaur, W/o Jagir Singh, aged about 60 years, ,3. Surjit Kaur, W/o Late Major Singh, aged about 21 years, All R/o Khursipar, PS- Chhawani, Distt. Durg (CG) Vs "1. Avatar Chand, S/o Pramod Singh, aged about 40 years, ^ 2. Ashok Kumar Sharma, S/o Ramgopal Sharma, R/o 106 B.T. Road, Calcutta-35. ^-"3. New India Insurance Company, 140/D B.T. Roa.d, Calcutta, 35, Through Dy. Manager, New India Insurance Company, Tara Complex^ Power House, Bhilai^ Tahsil and District Durg (CG) PETITION UNDER ARTICLE 'OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (227) No. 2603 of2009 PETITIONERS : Jagir Singh & others VER8US RESPONDENTS : Avatar Chand & others WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA fSB: Hon'ble Mr. N.K. Aearwal, J.) .Present : Smt. Fouzia Mirza, Advocate for the petitioners. Shri Dashmth Gupta, Advocate for the respoiident No. 3. ORAL ORDER (Passed on 15.03.2011) 1. The instant petition tiled under Order 227 of the Constitirtion of India calls in question the order dated 05.02.2010, passed by the Ist Motor Accidents Claims Tribunal, Durg (for short 'the Tribunal') in Execution Case No. 16/03. 2. Facts in brief are : Ist Motor Accidents Claims Tribunal, Durg, in Claim Case No. 16/03, passed an award on 26.10.2007 awarding a sum ofRs. 4,51,500/- along with interest @ 6 percent per annum if award is satisfied within a period of two months, and in defaiilt along with interest @ 9 percent per annum from the date of application till its payment is made. 3. Admittedly, the respondent did not pay amount to the petitioners within two months from the date ofaward. However, the respondent has deposited the amount of award Galculating the interest @ 6 percent per annum. .^^. "^ I's^l \^€/ ^%w^^-' The Executing Court, vide its order impugned, interpreted the award in a manner as ifthe interest @ 9 percent per annum is only payable for two days and not for the whole period on the amount ofaward. Smt. Fouzia Mirza, leamed counsel appearing for the petitioners would submit the claimants are entitled for interest strictly in tenns ofthe award and the executing court cannot go behind the terms of the award. On the other hand, Shri Dashrath Gupta, learned coimsel appearing for the respondent No. 3/insurance Gompany supported the order passed by the executing court. 7. As per award, if the amount is not paid within a period of two months jfrom the date of award, the rate of interest payable is 9 percent per annum. Therefore, the executing court has grossly erred in holding petitioners are entitled for interest @ 9 percent per annum only for two days. In view of above, the order passed by the executing court suffers from jurisdictional illegality and the same is hereby set aside. The respondent is directed to pay the amount of interest calculating 9 percent per annum from the date ofapplieation till its payment. 8. The insurance company/respondent No. 3 is granted two months time to deposit the amount of arrears of interest. No order asto Sahu costs. Petition is accordingly allowed. Sd/- N.K. Agarwal Judge