KAMLESH Vs. SITA DEVI

JUDGEMENT

(1.) THE petitioner, who is owner of the offending vehicle has approached this court by way of instant revision petition under Article 227 of the Constitution of India impugning the order dated 7/10/2006 (Annexure P-3) passed by the Motor Accidents Claims Tribunal (in short 'the Tribunal') whereby in execution of the award dated 8/10/2004 warrant of arrest had been issued against her being judgment-debtor No. 2.

(2.) BRIEFLY stated, the facts of the case are that claimants-respondent Nos. 1 to 4 filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 10,00,000 on account of the death of Data Ram in a road accident which took place on 7.7.2003. The Tribunal in a claim petition having been filed by the dependants of said Data Ram, vide award dated 8.10.2004 awarded a sum of Rs. 1,85,000 in favour of the claimants-respondents along with interest at the rate of 9 per cent per annum on the amount of compensation from the date of filing of the claim petition till the date of its realization. Petitioner along with driver of the vehicle, respondent No. 5, was held liable to pay the said amount of compensation. Against the aforesaid award, the petitioner had filed F.A.O. No. 1768 of 2005 in this court for absolving her of her liability under the award dated 8.10.2004 whereas the claimants have filed an appeal seeking enhancement of compensation. The execution was filed by the claimants- respondent Nos. 1 to 4 as the judgment- debtor-owner/petitioner has not deposited the amount as awarded by the Tribunal though there was no stay in the appeal regarding execution of the award passed by the Tribunal. In the execution, on an application filed by the claimants for issuance of warrant of arrest under Order 21, rule 11-A and rule 37 of the Code of Civil Procedure (hereinafter referred to as 'the Code') against the judgment-debtor-owner/ petitioner, the executing court issued the warrant of arrest vide the impugned order. It was against the said order passed on the execution application that has given cause of action to the petitioner to approach this court as the Tribunal had ordered that initially petitioner be put in civil prison for a period of one month, unless the amount of award with interest and costs is paid earlier, in which case she would be released forthwith.

(3.) LEARNED counsel for the claimants- respondents, on the other hand, supported the order passed by the Tribunal.