R.S. Mongia, J. - (1.) THIS Civil Revision was heard by learned Single Judge and was referred for a decision by a larger Bench and that is how we are seized of the matter.
(2.) THE question to be decided in this petition is whether the amount of compensation awarded in favour of legal -representatives of a person, who dies in an accident, could be attached in execution of the decree against the deceased ? Briefly, the facts of the case are that Petitioner M/s Bihari Lal Shannu Ram obtained a money decree for Rs. 5,145.30 against Bihari Lal and Nand Lal, Respondents. The said Bihari Lal died in an accident. His legal -representatives filed an application for compensation under the Motor Vehicles Act. The Motor Accidents Claims Tribunal awarded a sum of Rs. 1,06,140 as compensation to the legal heirs of Bihari Lal, - -vide award' dated 21st October, 1988. In the execution application filed by the decree -holder M/s Bihari Lal Shannu Ram, decretal amount of Rs. 5,145.30 was attached. The legal -representatives of the deceased judgment -debtor Behari Lal raised an objection that the said amount of compensation could not be attached in execution of a decree against deceased Bihari Lal. The learned Tribunal held that the said amount could not be attached. Dissatisfied with that judgment, the Petitioner had filed the present revision petition.
(3.) THE question to be determined is as to whether the compensation to the legal -representatives which is awarded by the Tribunal on the death of a person, can be said to be the estate of the deceased. If the compensation awarded to the legal -representatives is estate or asset of the deceased, then certainly it can be attached by a decree -holder for satisfaction of the decree against the deceased, but if it is not so, then the compensation cannot be attached.;