GURMEET KAUR Vs. AMIT KUMAR

JUDGEMENT

(1.) This proposed Civil Revision has been filed under Sec. 115 of the Code of Civil Procedure, 1908 to set aside the order dtd. 25/3/2022, passed by the Motor Accident Claims Tribunal/First Additional District Judge, Kashipur, District Udham Singh Nagar in Motor Accident Claims Petition No.9 of 2019, "Amit Kumar Versus Karnail Singh ", whereby, the learned Tribunal has issued a certificate for the awarded compensation amount to the Collector, Udham Singh Nagar and directed to the Collector to proceed to recover the same from the property of the original judgment debtor, namely, Karnail Singh, in the same manner as an arrear of land revenue. The Collector is also directed that the amount of the compensation shall be deposited up to 28/4/2022 after auction the said property.

(2.) Heard Mr. G.C. Kandpal, the learned counsel holding brief of Mr. Vinod Tiwari, learned counsel for the proposed revisionists.

(3.) According to Mr. G.C. Kandpal, the learned counsel, an award was passed against Mr. Karnail Singh. The proposed Revisionist No.1 is the wife of Mr. Karnail Singh and the proposed Revisionist No.2 is the son of Mr. Karnail Singh. The original judgment debtor had died on 12/1/2014. Mr. Karnail Singh had filed an appeal (A.O. No.447 of 2011) against award dtd. 22/7/2011. The said appeal was dismissed for non prosecution on 21/9/2017. The sole objection of Mr. G.C. Kandpal, the learned counsel against the impugned order dtd. 25/3/2022, is that the appellant had died before the dismissal of his appeal for non prosecution. Therefore, the awarded amount cannot be recovered against the proposed revisionists.