KUMARAN Vs. MOHAMMED KHADER

JUDGEMENT

(1.) The question that arises in this revision is whether the compensation awarded by the Motor Accidents Claims Tribunal to the legal representatives of a deceased is liable to be attached in a claim against the deceased person.

(2.) The revision arises from an order in execution. Decree holder is the revision petitioner. The suit was filed by him against one Mohammed Ismail Kasim. Pending suit he died in a motor accident and his legal representatives were impleaded as defendants 2 to 7. A decree was granted against, the defendants on 17-12-1986 directing the amount to be realised from the assets of the deceased in the hands of his legal representatives. The heirs of the deceased obtained an award from Motor Accidents Claims Tribunal, Quilon. The award was passed for an amount of Rs. 1.5 lakhs in their favour. That amount was sought to be attached by the decree holder. An order of attachment was granted and the amount was attached. On the motion of the judgment debtors the executing court vacated that order finding that the amount is not liable to be attached in execution of the decree. That order is under challenge in this revision.

(3.) A learned Single Judge of this Court, before whom the revision came up for hearing felt that the question involved in the revision is an important one and it was adjourned for being heard by a Division Bench. That is how the matter is now before us.