Jodhpur Vidyut Vitran Nigam Ltd. v. Additional District Judge, Anoopgarh Ors
2012-01-11
NARENDRA KUMAR JAIN II
body2012
DigiLaw.ai
JUDGMENT 1. - The matter is called twice but no one appeared for the petitioners. 2. By this writ petition, the petitioners Jodhpur Vidyut Vitran Nigam Limited through its Chairman and the Executive Engineer, Jodhpur Vidyut Vitran Nigam Ltd. have challenged the order dated 8.4.2003 passed by the Additional District Judge, Anoopgarh (respondent No. 1) on an application for interim compensation filed by the claimant-Smt. Singari Devi and others in Civil Suit No. 1/2003, whereby the learned Judge accepted the application and awarded Rs. 50,000/- as interim compensation in favour of the claimants. It has been made clear that a Bank Cheque or Bank Draft of the said amount in the name of claimant should be deposited in the Court below within a period of one month, if this is not done within one month, interest at the rate of 9% should be payable from the date of filing of the application. 3. As per facts of the case, the plaintiff-claimants filed a suit for compensation against the petitioners under the provisions of Fatal Accident Act, 1855 (for short 'the Act of 1855' hereinafter) and during the pendency of that suit, the respondent-plaintiffs moved an application for grant of interim compensation, claiming that her husband/father of other minor claimants Shri Sardara Ram had died due to electrocution because of negligence and fault of the petitioner-JWN. The learned lower Court allowed the interim compensation application filed by the respondent-plaintiffs vide impugned order dated 8.4.2003 and awarded interim compensation for a sum of Rs. 50,000/- in favour of the claimants. Hence this writ petition has been filed by the petitioner-defendant against impugned order dated 8.4.2003. 4. During the course of arguments, learned counsel for the respondent-claimants submitted that probably, the main suit has been decided by the lower Court and this writ petition filed against the interim order has become Infructuous. He has also submitted that order impugned dated 8.4.2003 does not suffer from any infirmity, illegality or perversity so as to warrant interference by this Court in writ jurisdiction. 5. I have heard learned counsel for the respondent-claimants and considered the averments made in the writ petition and scanned through the material on record. 6.
He has also submitted that order impugned dated 8.4.2003 does not suffer from any infirmity, illegality or perversity so as to warrant interference by this Court in writ jurisdiction. 5. I have heard learned counsel for the respondent-claimants and considered the averments made in the writ petition and scanned through the material on record. 6. Issue that whether the interim compensation can be granted in terms of the Civil Procedure Code and while going through the provisions of Section 151 C.P.C., civil Court can exercise inherent powers in order to do justice in between the parties and can pass such orders which are warranted in the interest of justice. 7. Section 140 of the Motor Vehicles Act mandates how to grant interim compensation. This remedy stands introduced in terms of the recommendations made by Hon'ble Apex Court in the judgments reported 1977 ACJ 134 (SC) (Mrs. Manjushri Raha & Ors. v. B.L. Gupta & Ors.) , 1980 ACJ 435 (SC) (N.K.V. Bros. (P) Ltd. v. M. Karumai Animal & Ors.) and 1981 ACJ 507 (SC) (Motor Owneds Insurance Co. Ltd. v. Jadavji Keshavji Modi & Ors.) . In terms of the said judgments, the legislation was made. The aim and object of the said provision is to save the victims/sufferers from starvation, destitution and from the social evils. It is just to ameliorate the sufferings of the victims. 8. The Hon'ble Apex Court has passed a judgment reported in AIR 1986 SC 922, Shri Bodigattwa Gautam v. Miss Suhhra Chakrabprty , wherein their Lordships have granted interim compensation to the victims of a rape case. In terms of the said judgment, the Court is not powerless to come to the rescue of victims and save them from social evils. In another judgment, reported in AIR 1986 SC 984 Smt. Savitri v. Govind Singh Rawal , the Hon'ble Supreme Court has held that the Courts can grant interim maintenance in the proceedings under Section 488 (new Section 125 Cr.P.C.). 9. While going through the said provisions of law and keeping in view the above discussions, I am of the considered view that the Civil Court can exercise inherent powers and can grant interim compensation at any stage even though not provided by any provisions of law.
9. While going through the said provisions of law and keeping in view the above discussions, I am of the considered view that the Civil Court can exercise inherent powers and can grant interim compensation at any stage even though not provided by any provisions of law. It is profitable to reproduce relevant portion of para 4 of the judgment of Hon'ble Apes Court reported in AIR 1995 SC 350 , State of Maharashtra v. Admane Anita Moti & Ors. , which is as under: "Interim orders are granted by the Court as they are necessary to protect the interest of the petitioner till the rights are finally adjudicated upon. Even where it is not provided in the statute this Court has held that the Court have inherent powers to grant it." 10. In AIR 2004 SC 3992 , Vareed Jacob v. Sosamma Geevar Ghose & Ors. , Hon'ble Apex Court has held that Section 151 C.P.C. recognises inherent powers of the Court by virtue of its duty to do justice and which inherent power is in addition to and complimentary to powers conferred under Civil Procedure Code, expressly or by implication. 11. In terms of the said judgments, the civil Court can exercise inherent powers and grand interim compensation in order to do justice, save victims from social evils and just to ameliorate their sufferings. 12. Thus, I am of the considered view that the civil Court can grant interim compensation in the case where the claimants/plaintiffs have lost their bread earner due to negligence of the defendants. 13. In terms of Section 140 of the Motor Vehicles Act, an amount of Rs. 50,000/- is to be awarded as interim compensation in death cases. So keeping in view the facts and circumstances of this case and in view of the above discussions, an amount of Rs. 50,000/- is just and reasonable amount, which can be granted as interim compensation. 14. In the facts and circumstances of this case and having scanned through the order impugned, which has been passed by the learned Judge with elaborate consideration of the application filed by the petitioner-claimants for interim compensation, I find no illegality or perversity in the order impugned requiring any interference by this Court. Hence, I find no force in this writ petition. The same is, therefore, dismissed.Petition Dismissed. *******