NAND KISHORE SAXENA Vs. WASIF AHMAD

JUDGEMENT

(1.) S. U. Khan, J. List revised. No one appears for the respondent. Heard learned Counsel for the applicant.

(2.) IN a Motor Accident Claim Case, the parties entered into compromise before Lok Adalat. The copy of the compromise is Annexure No. 3 to the affidavit filed in support of stay application. Through the compromise, the matter was settled at Rs. 50,000/-, which was half of the amount claimed in the claim petition. The last paragraph of the compromise states that case may be decided on the basis of compromise. It was provided under the compromise that Nand Kishore Saxena respondent No. 1 in the claim petition would make payment of agreed amount within six months and in case it was not done, then Wasif Ahmad and others, applicants in claim petition would be entitled to recover the said amount through Court. The said compromise was entered into on 4-11-1988. Thereafter, Motor Accident Claim Tribunal/second Additional District Judge, Budaun, decided the claim petition (M. A. C. Case No. 14 of 1987) finally on 4-12-1988. The second half portion of the said order is quoted below : "the case is decided in terms of compromise. If the compromise would not be acted upon and no paid (ought to be payment) was made in pursuance of the compromise, the case shall be automatically restored on the complaint of the claimants. The compromise shall form part of the award. "

(3.) ACCORDINGLY, impugned order dated 19-3-1991 is set aside. Objections of the applicant in this revision under Section 47, C. P. C. , are accepted. Execution Case No. 1 of 1990 is dismissed as not maintainable.