Dushyant Kumar vs Vimala And Ors
2022 Latest Caselaw 17660 P&H

CR-6209-2022 (O&M)                                                     -1-

   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

Present:    Mr. D.S. Rawat, Advocate for the petitioner.

                                *****

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 Delhi-

insurer of the offending car.

After contest, Motor Accidents Claims Tribunal, Panipat,

vide award dated 19.08.2021 accepted the claim petition and granted

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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. In addition to that, JD was directed to show

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cause as to why he could not be sent to civil imprisonment for non-

compliance 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.

I have heard learned counsel for the revision petitioner

besides going through the record and I find that the revision petition

is without merit.

Award dt. 19.08.2021 having been passed against the

revision petitioner/respondent No.1, he is bound to comply with the

same, unless it is set aside or its operation is stayed by the superior

Court. Although, according to the revision petitioner, he has

preferred an appeal against the award which is pending before this

Court but even as per his own case, no order has been passed by this

Court staying the operation of the award or execution proceedings.

As has been rightly observed by the executing tribunal, mere filing

of an appeal does not mean that execution proceedings would come

to a halt automatically. As regards the other submission made by

counsel for the revision petitioner that his life and liberty is in danger

since executing court/ tribunal is sentencing him to civil

imprisonment as is evident from perusal of the impugned order,

again I do not myself in agreement with learned counsel for the

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revision petitioner in that regard. The revision petitioner/JD having

failed to comply with the award passed way back on 19.08.2021 and

having not made any payment to the claimant so far, the executing

court/tribunal is to take all the measures available under law to effect

the recovery by way of attachment and sale of properties of the

revision petitioner/JD or by way of sending him to civil

imprisonment. No fault can be found with such course of action

being taken by the executing court/tribunal.

The impugned order does not appear to be suffering from

any illegality or infirmity much less the same being perverse or

arbitrary. I do not see any reason to interfere with the impugned

order by exercising revisional jurisdiction. The revision petition is

found to be without merit and is dismissed accordingly.

23.12.2022                                          (H.S. MADAAN)
sumit.k                                                 JUDGE


             Whether speaking/reasoned :      Yes          No
             Whether Reportable :             Yes          No




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