UMED KHAN Vs. KAMAL ALIAS KAMALUDEEN

JUDGEMENT

(1.) The claim petition filed by the original claimant-respondent No. 1 against the driver (the present petitioner owner and insurance company was decided by the Claims Tribunal, Bhilwara on 17-10-1996 and the award was passed against driver and owner respondents Nos. 1 and 2 respectively in the claim petition jointly and severally for Rs. 25,000/- with interest at the rate of 12 per cent per annum with effect from 18-9-1991 (Annex. 2). It has become final in the sense that neither the owner nor the driver (the present petitioner) has challenged the same in a higher Court.

(2.) When the claimant tried to execute the award passed by the Tribunal in his favour against the present petitioner, who is a driver, he (the petitioner) filed an application under O.21 R. 59, C.P.C. before the Tribunal which was rejected by the learned Tribunal by his judgment and order dated 25-11-1999 (Annex. 1). The aforesaid order dated 25-11-1999, (Annex. 1) has been challenged by the present petitioner the driver, before this Court under Article 226 of the Constitution.

(3.) The learned counsel Shri Parihar for the petitioner vehemently submitted that when the award has been passed by the Tribunal against the driver as well as the owner of the vehicle then the claimant should first execute the claim against the owner and if the claimant fails to recover the amount from the owner then only he can proceed against the petitioner otherwise not. In support of his aforesaid submission he has relied upon a judgment of a learned single Judge of this Court in the case of Ganga Lahari v. Har Narain reported in, 1986 WLN (UC) 577.