Madras High Court
Babu @ Amjad Khan vs O.Lingaiya @ Kunninga .. 1St on 10 July, 2023
C.R.P.(NPD)Nos.2530 to 2532 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(NPD)Nos.2530 to 2532 of 2017
and C.M.P.Nos.11968 to 11970 of 2017
Babu @ Amjad Khan ... Petitioner in
all the three CRPs.
Vs.
1.O.Lingaiya @ Kunninga .. 1st respondent in C.R.P.No.2530 of 2017
1.Lakshumana Naicker .. 1st respondent in C.R.P.No.2531 of 2017
1.Madhevan .. 1st respondent in C.R.P.No.2532 of 2017
2.V.M.Virushabhandra
3.Bajaj Alliance General Insurance
Company Limited
No.11, Office No.6A
People's Park 3rd floor
Government Arts and Science
College Road, Coimbatore. ... Respondents 2 & 3 in all the three CRPs.
Common Prayer: Civil Revision Petitions are filed under Section 115 of the Code of
Civil Procedure, 1908, against the fair and decretal order dated 09.06.2017 made in
E.P.Nos.23, 24 & 29 of 2012 in M.C.O.P.Nos.212, 215 & 210 of 2010 on the file of
the Sub Court, Sathyamangalam.
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C.R.P.(NPD)Nos.2530 to 2532 of 2017
In all the three CRPs.
For Petitioner : Mr.M.Roshan Atiq
For R1 : Mr.MA.P.Thangavel
For R3 : Mr.T.K.Premkumar
COMMON ORDER
I heard Mr.M.Roshan Athik, learned counsel for the petitioner and
Mr.MA.P.Thangavel, learned counsel for the decree holders/1st respondent. I have
carefully considered the arguments of either side.
2. The judgment debtor is the civil revision petitioner and the claimants are 1st
respondents in all the three CRPs. Three claim petitions were filed in
M.C.O.P.Nos.210, 212 & 215 of 2010 on the file of the Sub Court, Sathyamangalam.
All the three claim petitions ended in a contested decree on 31.01.2011. As per Clause
(1) of the decree, the driver as well as owner of the vehicle viz., Babu @ Amjad Khan
and V.M.Virushabhandra were held responsible for the payment of compensation.
3. In each of the M.C.O.P.Nos.210, 212 & 215 of 2010, the decree reads as
follows:
“(1)/ kDjhuh;fSf;F 1 kw;Wk; 2 vjphk; Djhuh;fs; ,Hg;gPlhf
U:/95.900. U:/83.000. U:/15.000 I jdpj;Jk; Tl;lhft[k; brYj;j
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C.R.P.(NPD)Nos.2530 to 2532 of 2017
ntz;Lbkd;Wk; nkw;go bjhifia cj;jput[ njjpapypUe;J xU khjj;jpw;Fs;
ePjpkd;w itg;gpy; itf;f ntz;Lbkd;Wk; nkw;go bjhiff;F kD jhf;fy;
bra;j ehs; Kjy; bjhif brYj;Jk; tiuapy; 7/5# tl;oa[k; brYj;j
ntz;Lbkd;W cj;jputplg;gLfpwJ/”
The decree holders/claimants filed E.P.Nos.23, 24 & 29 of 2012 seeking for execution
through arrest of the civil revision petitioner.
4. It was pleaded by the decree holders that the owner of the vehicle as well as
the driver (civil revision petitioner) were owning 10 acres of property at Thalavadi
village in Erode District. However, no documents were filed to substantiate the same.
The Executing Court came to a finding that the civil revision petitioner is eking out a
livelihood by working as a driver and therefore, he had sufficient means to satisfy the
decree amount. It came to the conclusion that despite having sufficient means, the
civil revision petitioner was not satisfying the decree and therefore, ordered his arrest.
Against which, the present revisions are filed.
5. Mr.M.Roshan Athik, learned counsel for the petitioner would submit that in
the light of the judgment of the Supreme Court in the case of Jolly George Varghese
and antoher vs. the Bank of Cochin AIR 1980 SC 470, the petitioner, not having
sufficient means, is entitled to a protection from being arrested. Learned counsel
would also point out that there is no proof that the civil revision petitioner is having
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C.R.P.(NPD)Nos.2530 to 2532 of 2017
landed properties and therefore, ordering his arrest is wrong and it has to be interfered
with.
6. Mr.MA.P.Thangavel, learned counsel for the 1st respondent would submit, the
fact that the petitioner is making his livelihood as a driver, shows that he possessed
funds to pay the decree. He adds the petitioner has been deliberately dragging the
matter for more than 11 years by keeping the decree holders at bay, who are the
unfortunate claimants, having succeeded in the motor accidents claim petitions.
7. It is clear from the order of the trial Court that though the 1st
respondent/decree holders have not produced the title deed of the property. However,
they have convincingly proved to the Court that the civil revision petitioner is making
sufficient income by working as driver. The very fact that he is working in a lowly
paid job, it does not mean that he should not satisfy the decree at all.
8. In the case of Jolly George Varghese as cited above, the petitioner therein
was in the situation like “Daridra Narayana” or in the throes of poverty. That is not the
situation in the present case. In fact, in order to give an opportunity to the petitioner to
satisfy the decree, I had given him an opportunity that he may pay the decree amount
by way of instalments. However, the judgment debtor was not willing for the same.
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C.R.P.(NPD)Nos.2530 to 2532 of 2017
9. Here is a case, where the unfortunate victims of an accident are before me
and have shown that the perpetrator of the accident is very well employed and is
generating income. While it is not the duty of the Court to state as to how the
judgment debtor is to put his finances in order, it can always demand the judgment
debtor to satisfy the decree. That is exactly what has been done by the trial Court. I do
not find any illegality or infirmity in the order of the trial Court.
10. In the result, the Civil Revision Petitions are dismissed confirming the order
of the learned Subordinate Judge, Sathyamangalam, dated 09.06.2017 made in
E.P.Nos.23, 24 & 29 of 2012 in M.C.O.P.Nos.212, 215 & 210 of 2010. No costs.
Consequently, connected Miscellaneous Petitions are closed.
10.07.2023
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
kj
To
The Subordinate Judge
Sathyamangalam.
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C.R.P.(NPD)Nos.2530 to 2532 of 2017
V.LAKSHMINARAYANAN,J.
Kj
C.R.P.(NPD)Nos.2530 to 2532 of 2017
and C.M.P.Nos.11968 to 11970 of 2017
10.07.2023
https://www.mhc.tn.gov.in/judis
