Civil Revision No. 4378 of 2002 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4378 of 2002 Date of Decision: 21.4.2009 United India Insurance Company Limited ......Petitioner Versus Manoj Verma and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri D.P. Gupta, Advocate, for the petitioners. Shri Gurcharan Dass, Advocate, for the respondents. HEMANT GUPTA, J (Oral). The challenge in the present revision petition is to the order passed by the learned Executing Court on 10.6.2002, whereby the objections filed by the petitioners regarding computation of amount due and payable to the respondents, were dismissed. The learned Tribunal awarded a sum of Rs.2,42,000/- inclusive of interest and interest @ 12% on a sum of Rs.2,02,000/- i.e., principal, from the date of Award (wrongly mentioned as from the date of petition) till realization, vide Award dated 13.6.1986, In appeal, the Award was modified and a sum of Rs.3,60,000/- was awarded to the claimants along with interest @ 15% p.a., from the date Civil Revision No. 4378 of 2002 (2) of filing of the claim petition till realization. As per the claimants, they are entitled to the amount of Rs.3,66,000/- and interest from the date of filing of the claim petition and that the amount as and when paid by the Insurance Company is to be adjusted towards the interest first. The issue whether the part payment by a Judgment Debtor, is required to be adjusted towards the payment of interest in the first instance, has been examined by the Hon'ble Supreme Court in Gurpreet Singh v. Union of India, (2006)8 Supreme Court Cases 457, wherein the principle of adjustment of the decretal amount in parts, has been explained in detail. In view of the said judgment, I am of the opinion that the calculations carried out by the learned Executing Court, cannot be sustained. The same is required to be redone in view of the principles laid down in the above judgment. Consequently, the impugned order dated 10.6.2002 is set aside. The learned Executing Court is directed to recalculate the amount payable by the Insurance Company, in view of the judgment of the Supreme Court in Gurpreet Singh's case (supra). (HEMANT GUPTA) JUDGE 21.4.2009 ds