Accident death compensation case
Tanvir
(Querist) 08 January 2013
This query is : Resolved
Brief of the Case - Sequence of Events:
1985: The husband of the petitioner (deceased), a Government Medical Officer, aged 35 yrs, dies in an accident with the Army Truck.
Case filed in the district court.
1987: The judgement grants compensation with the following details
1. Percentage of mistake by the deceased and the army driver.
2. Quantum of Compensation, taking basic of Rs. 600 only into account and considering the fact of 2 children aged 4.5 yrs and 35 days resp. and Old aged parents. The total quantum of compensation came out to be around Rs, 75000.
3. Interest @ 12% to be paid to the petitioner from the date of application filed i.e. from 1985 till the realization.
Case filed in the High Court for enhancement of compensation amount.
2011: The Honourable HC Judge marks the previous judgement as highly erroneous and cites the Sarla Verma 2009 judgement and calculates the total compensation amount to be around 7,00,000 (7 Lakhs) less any amount already paid.
2011 - Filed Execution in District court: While filing the execution only, the petitioner realises that the interest of 12% has been granted by the lower court in 1987 which shall stand now as well (as per the advocate processing the execution).
The following happens:
1. Advocate files the execution of the amount of around 25 Lakhs which includes 12% of interest on 7 Lakhs, minus amount already paid, minus interest on the amount already paid.
2. Army JD replies saying HC has only granted a Compensation Hike and that the calculation is incorrect.
3. Advocate replies that the objection is misconceived and that the Award of the lower court(1987) merged into the order of HC(2011) mention the points.
a. Amount Paid to petitioner.
b. The petitioners were further held entitled to get interest at the rate of 12% per annum from the date of claim petition till realization.
No appeal was filed against the award by the JD. DH filed appeal again the QUANTUM OF COMPENSATION only and that it was enhanced by the HC.
Thus, the effect of merger was that, the petitioners get the enhance amount as per the HC 2011 judgement and the rate of interest as per the Lower Court 1987 judgement (which was not challenged by either of the parties).
Judgement by the District Court on Execution 2012:
HC has directed the total amount of compensation to be 7Lakhs. The order of tribunal has merged with the order of the Honourable HC in this case. The order of the tribunal has come to an end and now it is the HC order which is final.
There is no order regarding the payment of interest by the honourable HC. This tribunal is bound by the judgement of the Honourable HC wherein no such amount of interest was granted. Unless and until the Honourable HC has granted interest in the order, the court cannot grant interest at its own level.
Suggestions given by the Execution Advocate:
1. Review Petition in HC.
2. Case in Supreme Court.
Now we have already hired an advocate at the Supreme Court but there is no processing at all.
My question is:
1. Which mode is better in the above case, one should go to the HC for review petition or clarification on the point of interest. Or one should take it ahead with the Supreme Court.
2. While the case is in SC, can/should one at the same point file some clarification or something in the HC regarding interest?
3. How to know if the case has been filed in the SC because I cannot find anything on the SC database website. The SC advocate says he is going to send the notice and has asked for the execution judgement. Can it be like that the case has not been filed at all in the SC, and that it would be filed after he gets the execution judgement dated October 2012. And if anyhow, he did not file it in SC till now, can it be filed now.
4. Probability of getting the interest @ 12%, as mentioned by the Lower Court in 1987.
Regards,
Tanvir
Advocate Ramesh
(Expert) 08 January 2013
As for as my opinion concern file a revision petition in HC
R.K Nanda
(Expert) 08 January 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 08 January 2013
1. Review Petition before High court.
2. No.
3. Check it online on the SCI website.
4. It may be awarded.
