JAGIR KAUR Vs. MAJHA TRANSPORT COMPANY

JUDGEMENT

(1.) It is an unfortunate case in which the claimant and minor children of the deceased Pritam Singh are still knocking the doors of the court to get the award dated 1.10.1993 executed. The claimants lost their breadwinner in a motor vehicle accident on 28.10.1988. They had approached the Motor Accidents Claims Tribunal, Amritsar (hereinafter referred to as 'the Tribunal') for the grant of compensation. An award dated 1.10.1993 was passed. Respondent Nos. 1 to 3, namely, Majha Transport Company and its owners were held jointly and severally liable to pay a compensation of Rs. 2,00,000 along with interest to the claimants.

(2.) Thereafter the ordeal of the claimants started all over again. They approached the Tribunal for the execution of the aforesaid award. The matter has remained pending for almost more than 10 years. They have not received the compensation so assessed by the learned Tribunal so far. Earlier, the respondents were not served, they were ordered to be served through a proclamation in the newspaper. Despite service, only respondent No. 1 appeared through his counsel, other respondents chose not to appear. Attachment of their buses was ordered, but the attachment has not been effected for a period of more than 4 years. The petitioners have now approached this court through the present petition under Article 227 of the Constitution of India.

(3.) I have heard the learned counsel for the petitioners and with his assistance have also gone through the various zimni orders passed by the learned Tribunal.