Government of Sindh through Secretary Transport and Mass Transit Department, Sindh vs The Additional District

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Government of Sindh through Secretary Transport and Mass Transit Department, Sindh VS The Additional District and Sessions Judge S.1---Constitution of Pakistan, Art.199---Compensation----Interest on decretal amount---Jurisdiction of High Court---Scope---Respondents/decree holders (beneficiaries) instituted a suit for damages and compensation on account of fatal accident, which was decreed ex parte in favour of beneficiaries---Decretal amount was deposited with the State Bank of Pakistan, but was not released to the beneficiaries---Penal interest was claimed by the beneficiaries for not releasing the decretal amount with interest---Contention of the petitioner was that since the amount had been deposited with the Court, therefore, beneficiaries could not claim penal interest---Validity---High Court held that Government of Sindh was objecting to the release of the amount even at that point in time when they preferred second appeal---There was no doubt that whatever the accrued amount would have been, it was to be disbursed amongst the legal heirs but as long as the amount was not paid and realized by the beneficiaries, the judgment and decree could not be deemed to have been satisfied and the amount of interest would continue to accumulate, and deposit alone at a belated stage was not enough to discharge the judgment-debtor from the claim of interest piled up during the period it was not released to the beneficiaries---High Court repelled the contention of the petitioner that it was on account of Court's error that the amount was not released as it was always objected to by the Government of Sindh, hence, the petitioner was under an obligation to pay the interest till it was completely realized by the beneficiaries and/or the decree was satisfied---Judgment and decree was not challenged before an appellate forum as no material was placed before the High Court, therefore, the interest would continue to pile up till its realization---By payment of additional amount for the unaccounted period and release of it to the beneficiaries, the decree had been satisfied---High Court was exercising jurisdiction under Art.199 of the Constitution and thus could not probe further as the challenge in this appeal was neither an order which was unconstitutional nor any jurisdictional error was exposed in the exercise conducted by two forums below, thus, on this score also present petition lacked the ingredients that could enable the High Court to interfere with the orders of the executing Court in respect of the amount, which had already been released to the beneficiaries---Constitutional petition was dismissed accordingly.

Government of Sindh through Secretary Transport and Mass Transit Department, Sindh vs The Additional District and Sessions Judge S — 2024 MLD 1859 KARACHI-HIGH-COURT-SINDH

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