Rajasthan High Court - Jaipur
Krishna Barman vs Nagar Nigam Jaipur on 11 October, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 12566 / 2016
Krishna Barman S/o Shri Ravi Barman, by Caste Barman, Aged
About 10 Years, R/o Behind Gurudwara Singh, Vijay Colony,
Jagatpura Road, Malviya Nagar, Jaipur Through Natural Guardian
Father Ravi Barman @ Rovi Barman.
----Petitioner
Versus
1. Jaipur Nagar Nigam, Jaipur Through Mayor, Chief Executive
Officer, Deendayal Upadhyay Bhawan, Lal Khoti, Jaipur.
2. Jaipur Vidyut Vitran Nigam Limited, Vidyut Bhawan, Jyoti Nagar,
Jaipur Through Director
3. Superintendent Engineer (Urban) Jaipur Vidyut Vitran Nigam
Limited, Near Ram Mandir, Bani Park, Jaipur.
4. Sahayak Abhiyanta, Jaipur Vidyut Vitran Nigam Limited, Malviya
Nagar Area, Malviya Nagar, Jaipur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. V.V. Harit _____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Judgment 11/10/2017 Counsel for the plaintiff-petitioner submitted that the impugned order dated 29.7.2016 passed by the Executing Court is not in consonance with the decree dated 9.1.2015 passed by the Addl. District Judge No.2, Jaipur Metropolitan in Civil Suit No. 167/2011 titled Krishna Barman Versus Jaipur Vidhyut Vitran Nigam Limited & Ors. He submitted that (2 of 3) [CW-12566/2016] Executing Court does not function as a Motor Accident Claims Tribunal to be free in its discretion to determine the mode of payment of the award amount - in the instant case, damages determined by the trial court under its judgment and decree dated 9.1.2015 in a suit under the Fatal Accidents Act.
Heard. Considered.
A perusal of the order dated 29.7.2016 indicates that the Executing Court has indeed largely enforced the decree dated 9.1.2015 by directing to keep Rs. 2.50 lakh in the fixed deposit in the name of plaintiff-petitioner till his reaching the age of maturity; Rs. 2.00 lakh in the fixed deposit in his name for a period of seven years; and a further similar sum of Rs. 2.00 lakh in a fixed deposit in his name for a period of 10 years. That far the impugned order dated 29.7.2016 by the Executing Court is unexceptional.
However, insofar as the executing court directed that the remainder amount of Rs. 4,08,111/- deposited in terms of the decree dated 9.1.2015 in the petitioner's saving bank account, the manner of its appropriation shall be subject to its orders from time to time, it has acted in excess (3 of 3) [CW-12566/2016] of jurisdiction and gone beyond the decree dated 9.1.2015.
Consequently, the impugned order dated 29.7.2016 is set-aside to the extent of the direction of the executing court in respect of the amount of Rs. 4,08,111/- deposited in the saving bank account of the plaintiff-petitioner in satisfaction of the decree dated 9.1.2015.
The plaintiff-petitioner shall be free to draw the aforesaid amount form the bank in terms of his need and requirement. However, it is made clear that the amount of Rs. 2.50 lakh in the fixed deposit of plaintiff-petitioner till his attaining the age of maturity and the amount of Rs. 2.00 lakh in the two other fixed deposits for terms of 7 years and 10 years respectively shall continue in terms of the impugned order dated 29.7.2016 and interest thereon shall accrue in the fixed deposits.
Petition stands disposed of accordingly.
(ALOK SHARMA) J.
DK