Execution of an award decree
I met with an accident and the person is critically injured. I have lost the case in motor vehicles act section 166 as my insurance had expired at the time of the accident. The amount is for 80,0000 lakhs. I could not afford an appeal to the high Court either so I have not appealed. They have filed execution for recovery. I am earning 75,000 a month at present. Do not have any house in my name and have never transferred the house in a lifetime to someone else's name. My bank balance is also in a sorry state as I have loans from three banks but I am repaying them on a monthly basis. I know for a fact according to rule 48A then can attach my salary only for 24 months and there can be no other attachment further.
1) They have an option to send me to civil prison even if I do not posses the capacity to pay the decree ?
2) is this decree time barred according to article 136 which has a 12 years time frame or it can be executed till my entire lifetime?
3)I do not mind filing for insolvency as well but will the court ask me to pay on a monthly basis and complete the decree?