^ 1 ^ c F'jo IN THE HIGH COURT OF JUDICATURE AT BILASPURfC.G.) WRIT PETITION (227) N0. ^^ /^^,2 0/0 PETITIONERS CLAIMANTS ^•'"1. ^:-^ ^^"^ ^••'&^K\.^' ......^•^- <^^' ^^^ RESPONDENTS : NON-APPLICANTS Smt. Bilkis Khan W/o Khalil Khan aged about 40 years, Occupation : Housewife 1. Khali! Khan S/o Shamsuddin, aged about 50 years Both R/o Nehru Nagar, Colony, Raipur (C.G.) VERSUS :^' ^'Jt ^ ^. ."Y ^.'••^...L^^ fe^-^ r^-^-—^^ 1. RavishankarS/o Pandurang, Occupation : Vehicle Tata Ciara Driver, R/o Bairan Bazar Raipur, Tahsil and District Raipur (C.G.) 2. M/s Jayka Automobiles and Finance Pvt. Ltd. Through Managing Director, M/s Jayka Automobiles and Finance Pvt. Ltd., Tatibandh, Raipur District Raipur (C.G.) 3. The New India Insurance Company Limited, through : Divisional Manager, Divisional Office, Kutchery Chowk, Jail Road, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION QF INDIA, ."' ^ H5GH CQURT OF CHHATTtSGARH AT BILASPUR SinaSe Bench: Non'bSe Shri Justice Prashant Kumar Klishra WritPetitlon<227^No. 72^2010 PETITiOMERS RESPONDENTS Versus Smt. BiSlds Khan and another. Ravtshankar and ottiers. Shri A.L. SingrouS, counsel for the petitioners. Shri Roshan Vermat counsel for respondent No. 2. Shrl Ajay Mtshra, counset for respondent No. 3. ORALORDER (15.11.2010) An award of Rs.1,54.000/- together with interest @ 12% from 27-09-1^^ was passed by the Motor Vehide Acddent Tribunal, Raipur on 27-08-1997. The Insurance Company preferred MA. no. 1653^97, which was disrnlssed on 19-04-2007. The Insurance Company deposited Ite en^re iiabiSity of Rs.1,60,625/- on 27-03-1998, however the amount couid not be disbursed as there was an interim order by the High Court tn MA. No. 1653?'97. (2) The petitloners made a prayer before the Executing Court that the Snsurance Company has not deposited Interest for the persod 14-05-1^8 to 19-04-2007 and thereafter t$S$ 01-04-2008 amounting to Rs. 1,72,378^. (3) The TribunaS has dlsmsssed ttie prayer for grant of interest on the ground that since the tnsurance Company has satisfled its Siabtiity- by deposifinQ ttie amount on 27-03-19^ no dlrection can be issued to the tnsurance Company to dep<^st Itie interest. (4) In the oplnion of tiils Court, the TribunaS has not conimitted any error A.in rejecting the petitioners' prayer for directing the insurance Company t& •-^ -2.- grant interest for the period during pendency of M.A. hto. 1653/1997 because the tnsurance Company had already deposited frie entire amount. If there was any interim order passed by the High Court in Miscellaneous Appeal preferre^ by ttie Snsurance Company, the petiBoners shouSd have prayed for vacatlng the {ntenm or<3er or for award of interest; however the Mtecelianeous Appeai was heard and decid^.1 in ttie absence of the petitionere on 19-04-2007. (5) The instant writ petition has no sul^tence whlch deserv^ to bs and Is hereby disrnissed. Sd/- Prashant Kumar Mishra Judge 1<-