IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 04.08.2010 C.R.No.2064 of 1991 Fauja Singh ...Petitioner Versus Jaspal Kaur ...Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Vivek Singla, Advocate, for the petitioner. Mr. Sunil Chadha, Advocate, for the respondent. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned Executing Court on 18.5.1991, whereby the objection filed by the petitioner that his residential house is exempted from attachment and sale, was dismissed. Learned counsel for the respondent has pointed out that the execution of Award of the Motor Accident Claims Tribunal is executable as arrears of land revenue in terms of Section 174 of the Motor Vehicles Act, 1988. Still further, in terms of Rule 232 of the Punjab Motor Vehicles Rules, 1989 framed in pursuance of Section 176 of the Motor Vehicles Act, 1988. The provisions of First Schedule of the Code of Civil Procedure such as Order V, Rules 9 to 13 and 15 to 30; Order IX; Order XIII, Rule 3 to 10; Order XVI, Rules 2 to 21; Order XVII; Order XXI and Order XXIII, Rules 1 to 3 alone have been made applicable in respect of proceedings before the Motor Accident Claims Tribunal. The exemptions granted under Section 60 of the Code of Civil Procedure, particularly under Section 60(ccc), are not C.R.No.2064 of 1991 applicable in respect of execution of Awards of the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. Learned counsel for the respondent has referred to a judgment of Hon’ble Supreme Court in case of State of Punjab and another Vs. Dina Nath AIR 1984 SC 352 to contend that the exemptions under the Code of Civil Procedure are not applicable in respect of recovery proceedings initiated under the Punjab Land Revenue Act, 1887. Since the amount of Award is to be recovered as arrears of land revenue, therefore, the recovery proceedings contemplated under the Punjab Land Revenue Act, 1887 are applicable. As per the aforesaid judgment, the exemptions under the Code of Civil Procedure are not applicable to the recovery proceedings initiated under the Punjab Land Revenue Act, 1887. Therefore, execution under Section 60(ccc) of the Code of Civil Procedure exempting sole residential house from attachment and sale in execution of decree are not applicable in respect of Awards determining the amount of compensation by the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. In view of the said fact, I do not find any merit in the present revision petition, which may warrant any interference by this Court in exercise of its revisional jurisdiction. Dismissed. 04.08.2010 (HEMANT GUPTA) Vimal JUDGE 2