(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) This contempt petition has been filed by the applicant, original appellant-claimant contending that the direction contained in the decision of Division Bench dated 23rd December, 2011 passed in First Appeal No. 2071 of 2005 has not been complied with.
We notice that the said decision was rendered in First Appeal filed by the applicant who was original claimant who received bodily injuries in the vehicular accident. By the said decision, Division Bench held the claimant entitled to further compensation of Rs.7,61,800.00 over and above what has been awarded by the Claims Tribunal in its award.
Since such additional compensation can be recovered from the opponents through execution proceedings, we are not inclined to entertain this contempt petition.
The counsel for the applicant, however, submitted that the High Court has not yet drawn the decree in terms of the decision in appeal because of which, it is difficult for the claimant to effect the recovery of enhanced compensation.
If the applicant approaches the Registry, we are sure the Registry will expedite drawing the decree in terms of the decision of Division Bench. Armed with the further decree, it would be open for the applicant to execute the same in accordance with law.
With above observation, this contempt petition is disposed of.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top