JOGINDER SINGH Vs. DWARKA PRASAD

JUDGEMENT

(1.) THE present petition is filed seeking to impugn the order dated 6.6.2014 and to withdraw the arrest warrants issued by the MACT vide order dated 2.6.2014.

(2.) THE brief facts are that an Award was passed by the MACT on 8.4.2009 in favour of respondents No.1 and 2 for a sum of Rs.5,87,000/ - each i.e. a total compensation of Rs.11,74,000/ -. The respondents No.1 and 2 (respondent No.1 before MACT being the petitioner before this Court) were held to be jointly and severally liable to pay the said amount.The background of the claim petition was that claimants were parents of the deceased Sat Narayan aged 24 years who died in a road accident with a Maruti Van which was driven by the petitioner herein and owned by one Pankaj Budhiraja (respondent No.2 before MACT).

(3.) ON 15.3.2010 the Tribunal noted that there is a default in payment of the Award amount. Regarding the petitioner the Tribunal noted the submission of the petitioner that he has no assets and everything is owned by his mother and he only has a sleeping cot. The Tribunal also noted that the petitioner is not even filing an affidavit with regard to his assets. The Tribunal concluded that the petitioner is trying to avoid execution on one pretext or the other and hence cannot be allowed to outsmart the process of law in this blatant manner. Accordingly, the Tribunal directed arrest of the petitioner and that he be sent to the civil prison.