P. L. NARASIMHA SHARMA, J.

( 1 ) IN execution of a money decree,an amount of Rs. 7,583-50 ps. belonging to the respondent-second judgment-debtor and which was already under attachment, was sought to be realised. The said amount was attached in E. P. No. 114 of 1987 which was awarded to the second judgment-debtor towards compensation for the injuries suffered by him in an accident under the Motor vehicles Act by the Motor Vehicles Claims Tribunal.

( 2 ) THE respondent viz. , the second judgment-debtor, raised an objection on the basis of the judgment-reported in New India Assurance Co. vs. M. Naranma that the amount is not attachable. The said objection was upheld by the Executing Court. Hence, the present revision petition.

( 3 ) THE judgment referred to above was only referring to certain guidelines for the exercise of power to oversee that the amount awarded to the claimants reaches the claimants only. The learned Judge felt that for the purpose of making or enabling the claimants to receive the full amount of compensation certain procedure has to be followed and the same was indicated in the said judgment stating that the compensation awarded to the minors should be invested in long term deposits till they attain majority etc. The learned Judge gave certain guidelines for the purpose of preserving the amount awarded by the Tribunals to the claimants or dependants of the deceased of whi chclause (9) says as follows:"there should be an endorsement on the deposit receipts that they are not transferable nor liable to any loan, advance or attachment. "relying on this guideline the Executing Court stated that the amount cannot be attached. The judgment is not an authority for the proposition contended for. It is a guideline laid down by the learned Judge to see that the compensation amount is received by the claimant. Section 60 C. P. C. does not prohibit the attachment and realisation of the said amount. It is to be noted that the amount wasalready attached by the Court in E. P. No. 114 of 1987. Therefore, present E. P. which was filed for payment of the amount is perfectly sustainable and justified. There was no endorsement on the receipt or with reference to the said amount that it is not liable for attachment. On the other hartd, attachment was effected in so far as this amount is concerned.

( 4 ) ). Haying regard to the above, the order df the Executing Court is set aside and the lower Court is directed to order payment out of the attached amount of rs. 7,583. 50 ps. The revision is accordingly allowed. No costs.

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