LALA RAM Vs. SHANTI DEVI

JUDGEMENT

(1.) The petitioner before this court is the judgment debtor. He has challenged the order dated November 12,1994 passed by the learned Motor Accidents Claims Tribunal, Sonepat. An award dated April 1,1994 was passed by the learned Tribunal in favour of the claimants. The aforesaid award was for an amount of R.1,34,000/- along with interest payable at the rate of 12% per annum. The award has remained unsatisfied till this date. As a matter of fact the claimants sought execution of the aforesaid award through an execution application filed on January 28,1994. Since the payment of the compensation was not made by the respondent- Judgment debtors,therefore, the property in question belonging to the judgment debtors was order to be attached and to be sold for execution of the award.

(2.) The objections were raised by the judgment debtors to the effect that the aforesaid property was in fact a residential house of the judgment debtor and,therefore in terms of section 60(i)(ccc) of the Code of Civil procedure, the said house was exempted from attachment. The said objections were over ruled by the executing court and,therefore, the property in question was ordered to be attached and sold in execution proceedings.

(3.) Having heard the learned counsel for the parties and having duly considered the controversy involved in the case, I am satisfied that no interference by this court in the present revision petition is called for. It is not in dispute that the claimants have been left without any compensation although an award dated April 1,1994 had been passed in their favour. It is not in dispute that the award had attained finality. In this view of the matter the objections being raised by the judgment debtors are wholly with a view to delay and defeat the claim of the claimants.