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Bhuvan Jain @ Babi N v. Sunil Kumar and Another

Punjab & Haryana HC16 May 2025EFA/1/2021

Case brief

AI extract

What is this about?

EFA-1-2021; Punjab and Haryana High Court; decided 16.05.2025; Anil Kshetarpal J; Bhuvan Jain @ Babin v. Sunil Kumar; execution petition; Executing Court order 05.02.2020; delayed deposit of compensation Rs.4,50,000/-; deposit on 21.10.2019; two months from receipt of certified copy; interest liability of Insurance Company; 7.5% per annum from date of claim petition; FAO-764-1995; FAO-763-1995; Motor Accidents Claims Tribunal, Ludhiana award 16.11.1994; disposed of with liberty to file application before Executing Court.

What did the court decide?

Liberty to the appellant to file an application before the Executing Court; if the claimant proves that the amount was deposited more than two months after receipt of the certified copy, the Insurance Company shall be liable to pay interest. ¶20

Bhuvan Jain @ Babi N Vs Sunil Kumar and Another — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Insurance Company became liable to pay interest because the awarded amount (deposited on 21.10.2019) was deposited more than two months after the date on which the certified copy of the judgment was available.

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Court's answer

The court declined to adjudicate the delayed-deposit objection because the appellant's counsel had no knowledge of the date the certified copy was available, had no material to prove that the deposit was made after two months from receipt of the certified copy, and the objection had never been taken before the Executing Court.

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Ratio / Principle

The petition is disposed of with liberty to the appellant to file an application before the Executing Court on the question of delayed deposit (recorded in the text as 'the revision petition').

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Key takeaways

If the claimant proves that the amount was deposited after a period of more than two months from the date of receipt of the certified copy, the Insurance Company shall be liable to pay interest.ratio¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Anil Kshetarpal J, oral), EFA-1-2021, decided 16.05.2025 — Execution appeal by decree-holder (Bhuvan Jain @ Babin v. Sunil Kumar) against the Executing Court's order dated 05.02.2020 disposing of the execution petition arising out of the consent order in FAO-764-1995, whereby the injury claim was settled at Rs.4,50,000/- without interest, payable within two months of receipt of the certified copy, failing which interest @ 7.5% per annum from the date of the claim petition. The Insurance Company deposited the amount on 21.10.2019. Since the appellant's counsel had no knowledge of the date the certified copy became available, had no material to prove late deposit, and the objection was never raised before the Executing Court, the court disposed of the petition with liberty to the appellant to apply to the Executing Court, directing that if the claimant proves the deposit was made beyond two months from receipt of the certified copy, the Insurance Company shall be liable to pay interest.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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EFA-1-2021 Date of decision: 16.05.2025

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BHUVAN JAIN @ BABIN

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..Appellant

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Versus

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SUNIL KUMAR AND ANOTHER

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..Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. Balram Pashar, Advocate for the appellant.

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Mr. Vinod Gupta, Advocate for respondent No.2.

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ANIL KSHETARPAL, J(Oral)

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The appellant assails the correctness of order passed on 05.02.2020 by the Executing Court disposing of the execution petition. FAO-764-1995 was disposed of with the following order:-

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“[15] Faced with the aforementioned situation, learned counsel for the respondent-Insurance Company contends that the claim qua injuries sustained be settled at Rs.4,50,000/- without interest. The same is accepted by learned counsel for the appellant. Accordingly, in view of the statement of learned counsel for the parties, FAO No.764 of 1995 is also allowed and the appellant is held entitled to lump sum payment of Rs.4,50,000/- without any interest, to be paid within a period of two months from date of receipt of certified copy of order, failing which interest will be payable @ 7.5% per annum with effect from the date of claim petition, till date of payment. Accordingly, FAO Nos.763 of 1995 and FAO No.764 of 1995 are allowed , award dated 16.11.1994 passed by the learned Motor Accidents Claims Tribunal, Ludhiana, is set aside and the appellants are held entitled to the compensation as per details given above.”

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It appears that the amount was deposited by the Insurance Company on 21.10.2019. In such situation, the date on which the certified copy

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of the judgment was available assumes significance. Learned counsel for the

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MOHD AYUB 2025.05.20 14:19 I attest to the accuracy and authenticity of this order/judgment.

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EFA-1-2021 -2-

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appellant has no knowledge of the same. On being questioned, he says that he does not have any material to prove that the amount was deposited after two months from the date of receipt of certified copy. Moreover, this objection was never taken before the Executing Court.

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