Dushyant Kumar v. Vimala And ORS.



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-6209-2022 (O&M) Date of decision: 23.12.2022 Dushyant Kumar

...Petitioner

Versus

Vimala and others

...Respondents

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN 



 !"#$$ %%%%% H.S. MADAAN , J. (Oral) Briefly stated facts of the case are that on account of death of Musafir son of Nihor Rajbhar in a motor vehicular accident which had taken place on 16.07.2017 at about 10.00 pm, near Toll Plaza, Panipat statedly on account of rash and negligent driving of car bearing No.HR-06-AH-6812 by respondent No.1 Dushyant Kumar, LRs of deceased namely his wife Smt. Vimala, three children as well as parents had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against Dushyant Kumar-owner cum driver and Iffco Tokio General Insurance Company Ltd., New Delhiinsurer of the offending car. After contest, Motor Accidents Claims Tribunal, Panipat, vide award dated 19.08.2021 accepted the claim petition and granted

 compensation of Rs.13,77,250/- with interest and costs to the claimants, payable by respondent No.1. Since it was found that the offending vehicle was not insured with respondent No.2-insurance company, it was absolved of any liability to pay compensation. The claimants initiated proceedings to execute the award before the Tribunal.

On getting notice, respondent No.1 had put in appearance through counsel. A plea was put-forward on behalf of respondent-JD that appeal filed by him is pending before this Court, therefore, the execution petition was premature and award be not executed. However, that plea was rejected by the Tribunal observing that filing of an appeal is not to operate as a stay of proceedings under a decree or order appeal from and that the judgment debtor had not been able to produce any order from this Court regarding stay of execution proceedings. It was further observed that award was passed on 19.08.2021 and had not been executed so far and till date, not even a single penny has been paid by the respondent-JD to the claimants. Therefore, the objections filed were dismissed with costs of Rs.

1000/- to be deposited with District Legal Services Authority, Panipat. The judgment debtor was further directed to furnish an affidavit disclosing his properties sufficient to discharge the amount of award and warrants of attachment of properties of JD were also ordered to be issued.

& cause as to why he could not be sent to civil imprisonment for noncompliance of award dt. 19.08.2021, the next date of hearing has been fixed as 07.01.2023.

Feeling aggrieved by such impugned order dt. 25.11.2022, respondent-JD has approached this Court by way of filing the present revision petition.

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