P.JOSEPH
P. K. Omana – Appellant
Versus
Francis Edwin – Respondent
1. 1st respondent obtained a decree for recovery of money against the deceased 1st judgment debtor in the year 2002. 1st judgment debtor met with a motor accident and succumbed to the injuries on 4.5.2004. Petitioners who are his legal heirs filed O.P. (M.V.) No. 1736 of 2004 before the Motor Accidents Claims Tribunal, Ernakulam (for short, "the Tribunal") and obtained Ext.P10, award for recovery of `13,60,000/- by way of compensation. After the death of the 1st judgment debtor, petitioners were impleaded in E.P. No. 235 of 2010 (in OS No. 293 of 2000) as additional judgment debtors. 1st respondent filed E.A. No. 959 of 2010 to attach `2,10,000/- from the amount awarded by the Tribunal and payable to the petitioners. After hearing both sides, learned Sub Judge dismissed E.A. No. 959 of 2010 holding that no amount payable to the petitioners as per Ext.P10, award could be attached as it is not the property of the deceased 1st judgment debtor. Thereafter placing reliance on the observations in paragraphs 8 and 9 of the decision in E.S.I. Corporation v. Rajagopal Textile Mills (P) Ltd., (2006 (4) KLT 730), 1st respondent sought review of the order on E.A. No. 959 of 2010 vide
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