BABU RAM Vs. PRESIDING OFFICER, M.A.C.T.

JUDGEMENT

(1.) THIS petition Under Article 227 of the Constitution of India is directed against the Order dated 16-9-1989 passed by the Motor Accident Claims Tribunal, Kurukshetra whereby it directed that the salary of the Judgment Debtor to the extent Rs. 400/- and two-third of the remainder be attached.

(2.) THERE is no dispute about the facts. The Motor Accident Claims Tribunal awarded a sum of Rs. 30, 000/- as compensation with interest to Madhav Ram Sharma, claimant against the petitioner who is a Government servant and is working as a Sub Divisional Clerk. Under Rule 20 of the Punjab Motor Vehicle Rules (for short the Rules), as applicable to Haryana State. Order 21 including other orders of the First Schedule to the Code of Civil Procedure, 1908 (for short the Code), were made applicable to the proceedings before the Claims Tribunal. Rule 48 of Order 21 C.P.C. provides that the attachment of salary of a Government servant is subject to the provisions of Section 60 of the Code of Civil Procedure. Proviso (i) to Sub-section (1) of Section 60 reads thus: