The United India Insurance Company Limited v. Smt. Sita Bai
Chhattisgarh HCREVP/135/2017
Case brief
from the order text
What is this about?
CHHATTISGARH AT BILASPUR REVIEW PETITION NO.…
What the court decided
AI extract
CHHATTISGARH AT BILASPUR REVIEW PETITION NO.…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
REVIEW PETITION NO. 135 OF 2017
The United India Insurance Company Limited, through Divisional Manager, Division Office- Bilaspur, Tahsil and District Bilaspur (C.G.)
… Petitioner
versus
….. Respondent No.1
….. Respondent No.2(a)
….. Respondent No.2(b)
… Respondents
For Petitioner : Mr. H.B. Agrawal, Senior Advocate, assisted by Mr. Pankaj Agrawal, Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board
10/11/2017
1. The present review petition has been filed seeking a review of the order dated 12.9.2017 passed by this Court in M.A. No.899/2006.
2. Contention of the learned Senior Counsel appearing for the insurance company is that the learned Tribunal had awarded the compensation by applying the principle of 'pay and recovery', however this Court while enhancing the compensation has not mentioned that the award of the learned Tribunal for pay and recovery still remains intact even after the order passed by this Court in M.A. No.899/2006.
-2-
3. It was further contended by the learned Senior Counsel that the clause of penal interest which has been imposed by the learned Tribunal may not be applicable after the appeal having been decided by this Court.
4. This Court is of the opinion that the present review petition appears to be misconceived to the extent that this Court has not set aside the finding of the learned Tribunal so far as pay and recovery is concerned. If that be so it has to be presumed that the order of pay and recovery is still in force and shall also still be applicable even though the award has been enhanced in the appeal of the claimants.
5. So far as the penal interest is concerned, the same shall also be effective from the date of the order passed by this Court and not from the date the award was passed by the Tribunal.
6. It is made clear that if the amount is not deposited within a further period of 30 days from today, the order of penal interest imposed by the Tribunal shall come into effect again.
7. With the aforesaid observation, the review petition stands disposed of.
Sd/- (P. Sam Koshy)
/sharad/ Judge
2 issues framed by the court
Whether the Tribunal's order on pay and recovery remains intact despite the enhanced compensation awarded by the High Court.
Whether the clause of penal interest imposed by the Tribunal applies after the appeal has been decided by the High Court.
United India Insurance Company Limited
Smt. Sita Bai
Ku. Pooja
Smt. Sukhmati Bai
Shri Bhojram Patel
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court