Court restores case, denies reduced compensation request, allows instalments with payment schedule, warns of imprisonment for non-compliance.

The Court restored the case to its original file and number with parties' consent. The petitioner, who had agreed to pay compensation in phases, requested a reduction in the amount, but the Court denied the request due to the petitioner's prior commitment. The Court allowed the petitioner to pay in instalments, specifying a payment schedule. Failure to adhere to the schedule would result in imprisonment, but compliance would lead to modification of the sentence. The Court directed the petitioner to make timely payments to avoid dismissal of the revisional application.

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Issues involved: Restoring a case to its original file, reduction of compensation amount, payment schedule, modification of sentence, consequences of default in payment.

In the judgment, the Court restored a case to its original file and number by treating it as on the days list with the consent of the parties. The matters involved identical questions of fact and law and were disposed of by a common judgment and order.

Regarding the payment of compensation, the petitioner had assured the Court in the past to make payment of the entire amount in phases. The Court noted that the petitioner had agreed to pay the compensation but sought a reduction in the amount. The Court, however, found no scope to reduce the amount as the petitioner had assured the Court of full payment. The Court granted some time to the petitioner to pay off the amount in phases, specifying the payment schedule.

The petitioner was directed to make a payment of a certain amount by a specified date and the balance amount in equal instalments starting from a particular date. It was stated that if payments were made as per the schedule, the sentence of imprisonment imposed by the lower Court would be set aside and modified to the extent of payment of compensation only. The Court also mentioned that as long as the payments were made as per the schedule, the sentence for imprisonment would not be executed.

In case of default in payment of the first instalment or any subsequent instalments, the order would be recalled, and the revisional application would be dismissed. However, if the payments were made as per the schedule, the revisional applications would be disposed of. The Court directed that an urgent certified copy of the order be supplied to the parties upon application.

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