cr no.5898 of 2008.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5898 of 2008 (O&M) DATE OF DECISION: 03.12.2009 **** Babu Lal . . . . Petitioner VS. National Insurance Company Ltd. . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. K.S. Yadav, Advocate for the petitioner ***** SURYA KANT J.(ORAL) (1). This revision petition is directed against the order dated 22.09.2008 passed by the Motor Accident Claims Tribunal, Bhiwani, whereby, arrest warrants for the petitioner’s detention have been issued at the instance of the respondent-National Insurance Co.Ltd. for recovery of Rs.1,77,299/- along with interest @ 12 % per annum. (2). The above-stated amount is recoverable from the petitioner for the reason that he was held to be the owner of the delinquent vehicle – Bus No.RJ-18-P-0177 which met with an accident and led to the passing of the award dated 15.12.2001 which was not challenged by the petitioner. Learned counsel for the petitioner submits that the ancestral land of the petitioner has already been attached and he has no objection if the amount in question is recovered by auctioning the attached property in accordance with law. cr no.5898 of 2008.doc - 2 - (3). Notice of motion was issued and in response thereto, the respondent-Company has been duly served. However, no one appears on its behalf. (4). After hearing learned counsel for the petitioner at some length and keeping in view the stand taken on his behalf, I am of the considered view that the impugned order cannot sustain in law. The Tribunal-cum-Executing Court, Bhiwani shall be at liberty to recover the amount in question from the petitioner by putting the attached property to auction in accordance with law. However, the petitioner who is admittedly more than 72 years old and is reported to be critically ill shall not be detained. Balance amount, if any, after deducting the recoverable amount from the sale proceedings, be also handed over to the petitioner. (5). Disposed of. (6). Dasti. (SURYA KANT) JUDGE 03.12.2009 vishal shonkar