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SMT. KAILASH WATI versus RAM NARAIN GUPTA

High Court of Judicature at Allahabad

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Smt. Kailash Wati v. Ram Narain Gupta - FIRST APPEAL FROM ORDER No. 445 of 1980 [2006] RD-AH 926 (13 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no. 55

Civil Misc. Clarification Application no. 191294 Of 2005.

IN

First Appeal From Order no. 445 Of 1980.

Smt. Kailash Wati Vs. Ram Narain Gupta and another.

Hon'ble Rajes Kumar, J.

By means of the present application, appellant has sought certain clarification and direction.  Application is supported by affidavit.  In the affidavit, following averments have been made:-

That the deponent's husband died in motor accident on 12.11.1975 for which a claim petition was filed C. P. no. 122 of 1976 which was decided by the Tribunal asking an award of Rs.45,000/- out of which only Rs.25,000/- was paid by the respondent no. 2 Oriental Insurance Co. Ltd.

That aggrieved against this low award, the deponent filed an appeal FAFO no. 444 of 1980 before this Hon'ble Court which was decided on 05.08.2003 enhancing the award.

That according to the judgment of this Hon'ble Court, the following compensation were enhanced.

a.       Deduction of Rs.25,000/- was set aside.

b. Deduction of Rs.23,233/- being 33% of the award on account of lump sum payment was also set aside.

c. Award of Rs.500/- towards mental shock and physical pain was enhanced to Rs.2500/-.

d. Award of Rs.100/- towards conjugal consortium was enhanced to Rs.2000/-.

Thus the amount of compensation enhanced comes to: 25,000/- + 23,233/- +2000/- +1900 =Rs.52,133/-.

That after waiting for 3 months, the deponent filed an application for recovery of the aforesaid amount on 10.11.2003 before the Tribunal/III ADJ, Allahabad and notices were issued for 16.02.2004 which was registered as Misc. no. 8 of 2003.  

That this Court  (III ADJ), Allahabad became vacant and it was transferred to the Court of VII ADJ which also fell vacant and it was then transferred to the Court of Special Judge (SC/ST) Act where it is pending since 28.07.2004.

That the respondent no. 2 (Oriental Insurance Co. Ltd.) is seeking dates after date on the pretext that the order passed by the Hon'ble High Court is not clear and is seeking opinion on it.

That several dates have passed namely 20.07.2004, 05.8.2004, 10.08.2004, 18.08.2004, 30.10.2004, 20.11.2004, 29.11.2004,08.12.2004, 12.12.2004, 29.01.2005, 10.02.2005, 15.02.2005, 17.02.2005, 22.02.2005, 18.03.2005, 22.03.2005, 02.04.2005, 16.05.2005, 30.05.2005, 13.07.2005 and now the next date fixed is 15.10.2005.

That the deponent is a poor lady and has been litigating since 1975 and has exhausted all her financial resources in this litigation.

Heard Sri Survesh Singh holding brief of Sri A. L. Jaiswal, learned Counsel for the appellant and Sri Ashok Kumar Srivastava appearing on behalf of Oriental Insurance Company Limited. Sri Survesh Singh stated that inspite of repeated request being made, the effect of the order passed by this Court has not been given by the Tribunal and nothing has been paid to the poor appellant till date.  He submitted that even the entire payment against the order of the Tribunal has not been made.  He further submitted that the Insurance Company has not filed Insurance Cover Note, therefore, the entire liability to make payment is on the Insurance Company.

Having heard learned Counsel for the parties, I do not find any reason as to why the Tribunal is not giving effect of the order of this Court and its own order.  Tribunal is a Adjudicating Authority as well as the Executing Authority.  In the circumstances, Tribunal is duty bound to execute its own order as well as the order passed by this Court.  

On the facts and circumstances of the case,  I direct the Tribunal, Allahabad having jurisdiction to execute its own order and the order passed by this Court within a period of two months from the date of filing of certified copy of this order.

Dt:13.01.2006.

MZ/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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