Madhya Pradesh Court October 1996 Judgments

New India Assurance Co. Ltd. Vs. Vishnu and ors.

Court: Madhya Pradesh

Reported in: 2(1997)ACC654

R.D. Shukla, J.1. This revision application is directed against order dated 26.2.1994 of the Member, Motor Accident Claims Tribunal Indore in Claim Execution Case No. 47/80/93 whereby the claimant who sustained injuries in a motor accident has been directed to return excess amount to the Insurance Co. alongwith interest @ Rs. 12% p.a. from the date the amount was actually received by him.2. Brief facts of the case are that the claimant filed a claim petition before the Claims Tribunal Indore. The Tribunal awarded Rs. 40,000/- with interest @ 10% p.a. from the date of application till realisation of the same. Aggrieved by this order, the Insurance Company filed M.A. 134/86 in this Court. this Court was pleased to reduce the amount awarded by the Tribunal to Rs. 20,000/- along with interest @ 10% p.a. and the claimant was directed to return rest of the amount of Rs. 20,000/- with interest @ 12% p.a. The Insurance Company filed an application Under Section 144 Civil Procedure Code. The le...