CH GAYATHRI Vs. T NARAYYA

JUDGEMENT

(1.) In execution of a money decree,an amount of Rs.7,583-50 ps. belonging to the respondent-second judgment-debtor and which was already under attachment, was sought to be realised. The said amount was attached in E.P. No.114 of 1987 which was awarded to the second judgment-debtor towards compensation for the injuries suffered by him in an accident under the Motor Vehicles Act by the Motor Vehicles Claims Tribunal.

(2.) The respondent viz., the second judgment-debtor, raised an objection on the basis of the judgment-reported in New India Assurance Co. vs. M. Naranma that the amount is not attachable. The said objection was upheld by the Executing Court. Hence, the present revision petition.

(3.) The judgment referred to above was only referring to certain guidelines for the exercise of power to oversee that the amount awarded to the claimants reaches the claimants only. The learned Judge felt that for the purpose of making or enabling the claimants to receive the full amount of compensation certain procedure has to be followed and the same was indicated in the said judgment stating that the compensation awarded to the minors should be invested in long term deposits till they attain majority etc. The learned Judge gave certain guidelines for the purpose of preserving the amount awarded by the Tribunals to the claimants or dependants of the deceased of whi chclause (9) says as follows: