UNITEDINDIA INSURANCE CO LTD Vs. DARJI RACHARLA SARASWATH

JUDGEMENT

(1.) Aggrieved by the warrant of attachment of movable property in execution, dated 21-04-2006, issued in E.P.No.67 of 2005 in O.P.No.103 of 1991 by the Motor Accidents Claims Tribunal-cum-l Additional District Judge, Nizamabad, the United India Insurance Company Ltd., Kamareddy, represented by its Divisional Manager, Nizamabad, who is the judgment-debtor No.5 therein, filed this revision under Article 227 of the Constitution of India.

(2.) The important facts are that one Darji Racherla Prakash, (hereinafter called as the deceased) aged about 25 years met with an accident on the intervening night of 02/03-02-1991 and died instantaneously. In view of the said sudden death, his mother and father approached the Motor Accidents Claims Tribunal-cum-l Additional District Judge, Nizamabad and filed O.P.No.250 of 1991 claiming a total compensation of Rs.1,00,000/-. Similarly, the wife and daughter of the deceased filed O.P.No.103 of 1991 claiming a total compensation of Rs.1,00,000/-. As both the mattes are similar, the Accidents Claims Tribunal clubbed both the matters and after trial passed a common order on 24-08-1994 awarding a total compensation of Rs.1,46,880/- to the claimants in both the matters. Out of the said amount, an amount of Rs.25,000/- was ordered to be paid to the wife of the deceased, and the remaining amount shall be distributed equally among the wife, daughter and mother of the deceased. Against the order and decree in O.P.No.250 of 1991, the petitioner herein preferred C.M.A.No.1029 of 1995 and a learned single Judge of this Court partly allowed the said appeal vide judgment dated 22-01-1997 restricting the liability of the appellant herein to pay an amount of Rs.25,000/- towards compensation under no fault liability. As against the said judgment, the owner of the vehicle preferred L.P.A.No.263 of 1997 and the same was dismissed confirming the judgment dated 22-01-1997 passed in C.M.A.No.1029 of 1995. The insurance company also preferred C.M.A.No.1576 of 2000 against the order and decree in O.P.No.103 of 1991. When C.M.A.No.1576 of 2000 came up for final hearing before a learned single Judge of this Court, it was brought to the notice of the Court that the deceased was travelling in the tractor as gratuitous passenger and the learned single Judge following the judgment of the Apex Court in NEW INDIA ASSURANCE CO. LTD., v. SATPAL SINGH (2000) 1 SCC 237 dismissed the appeal on 07-03-2001 confirming the order passed in O.P.No.103 of 1991.

(3.) Be that as it may, as the amount of compensation was not paid to the wife and daughter i.e. the claimants in O.P.No.103 of 1991 they approached the Motor Accidents Claims Tribunal and filed E.P.No.67 of 2005 for execution of the decree passed in O.P.No.103 of 1991. It appears the Court below pursuant to the order of attachment made by it, issued the impugned warrant of attachment. As stated supra, as against the said warrant of attachment this revision is directed.