Punjab-Haryana High Court
Ravinder Kaur And Another vs United India Insurance Co. Ltd And ... on 4 February, 2009
Author: Jaswant Singh
Bench: Jaswant Singh
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA, CHANDIGARH
C.M.No.2863-CII of 2009
C.R.No.7031 of 2008
Date of order : 4.2.2009
Ravinder Kaur and another
......Petitioner(s)
Versus
United India Insurance Co. Ltd and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. D.S. Gurna, Advocate for the petitioners.
JASWANT SINGH,J(ORAL)
C.M.No.2863-CII of 2009
Application is allowed.
Written statement of Major Singh filed before the learned MACT, Bathinda is taken on record.
C.R.No.7031 of 2008 Petitioners, who are wife and son of judgment debtor Major Singh, have filed this revision petition under Article 227 of the Constitution of India praying for setting aside order dated 10.11.2008 passed by the learned MACT, Bathinda whereby their objections in the execution proceedings have been dismissed.
It is undisputed that the learned MACT, Bathinda vide its award dated 2.6.2006 had awarded a compensation of Rs.1,60,000/- along with interest @ 4 % per annum. Major Singh son of Nand Singh, husband of petitioner No.1 and father of petitioner No.2 was held liable to pay compensation to the claimants by the learned Tribunal. It appears that when the decree holders filed an execution proceedings, the wife and son of Major Singh filed their objections stating that Bus No.PB-03G/1134, which was C.R.No.7031 of 2008 #2# being attached for realization of the amount of compensation, be not attached on the ground that the said Bus belongs to a partnership firm of which Major Singh had ceased to be a partner before the date of the accident.
This Court vide its order dated 19.12.2008 had directed the petitioners to place on record the written statement filed by Major Singh before the learned MACT during the proceedings initiated by the claimants under Section 166 of the Motor Vehicles Act, 1988. In pursuance of the order, written statement has been placed on record today by Major Singh.
A perusal of para 15 of the reply reveals that it was unequivocally stated that the owner of the said Mini Bus was Major Singh (Pink Rose Transport Company regd. Bathinda).
Faced with the situation, learned counsel for the petitioners wishes to withdrawn the present petition.
Dismissed as withdrawn.
February 04, 2009 ( JASWANT SINGH ) manoj JUDGE