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2005 Supreme(P&H) 669

M.M.KUMAR
Surender Singh – Appellant
Versus
Omvati – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ajay Jain, Advocate.

JUDGMENT

M.M. Kumar, J. - This petition filed under Article 227 of the Constitution is directed against order dated 9.8.2004 passed by the executing Court, namely, Motor Accident Claims Tribunal, Rewari (for brevity, the Tribunal) dismissing the objections raised by the judgment-debtor petitioners (for brevity, JD-petitioners) to the execution of award dated 7.6.1995. It is appropriate to mention that one Hanuman had died in a motor vehicle accident on 13.11.1991. His legal heirs and dependents filed a claim petition on 29.1.1992. The predecessor-in-interest of the JD-petitioners, namely, Bhagirath suffered a decree in favour of the JD-petitioners on 4.1.1992. The proceedings in the claim petition filed on 29.1.1992 culminated into award dated 7.6.1995 for an amount of Rs. 3,07,200/-. The Tribunal also awarded 12% interest from the date of petition till realisation. The execution proceedings were initiated on 16.1.2000 to which the present petitioners filed objections under Order 21 Rule 58 of the Code of Civil Procedure, 1908. The objections have been partially accepted and the operative part of the order passed by the Tribunal reads as under :-

"14. After considering the submissio









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