EXECUTION (RECOVERY OF
AWARD AMOUNT) IN MOTOR ACCIDENTS CLAIMS CASES.
Section
174 of the MV act contains provisions for the recovery of money by resorting to
revenue recovery proceedings. The text of section 174 of the MV act,1988 is
given below.
Sec. 174. Recovery of money from
insurer as arrears of land revenue:
Where
any amount is due from any person under an award, the claims tribunal may, on
an application made to it by the person entitled to the amount, issue a
certificate for the amount to the collector and collector shall proceed to
recover the same in the same manner as an arrear of land revenue.
The word may used in the above section may be
construed that the claimant can either to obtain certificate from the tribunal
and can proceed to recover the amount as
arrears of land revenue through revenue officials or the execution petition may
e filed in the tribunal who passed the award and the tribunal will follow the
procedure under order 21 of CPC for the execution of the award amount like that
of a civil court decree.
It has been held in pradeep leen Vs state of kerala [ I (2001) ACC 24 (ker)] that
the execution of award can be proceeded on the free copy supplied by the
tribunal and further it is observed that the court should not insist for
certified copy.
In Lakshmisagar Reddy Vs Controller of excise duty [123 ITR 60(Mad)],
it was held that the award amount in the hands of legal representative cannot
be attachable but attachment of the share of compensation of a claimant against
whom a decree had been made personally.
In kumaran
Vs Mohd. Khader,[1995 ACJ 173 (ker) DB], it was held that the
compensation awarded to loss of dependence portion is not attachable but loss
to estate portion is attachable in the execution of a decree.
MODEL FORMAT OF PETITION UNDER SECTION 174 0FTHEMOTOR VEHICLES ACT 1988 FILED TO GET BACK THE DEPOSITED AMOUNT IN PAY AND RECOVERY ORDERS.
BEFORE THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL
COURT
PLACE.
EA
NO / 20.
IN
MCOP /
20.
Name
of the insurer
---- Petitioner / 2nd
respondent.
VS
Name
of owner of vehicle
---- Respondent / 1st
respondent.
PETITION
UNDER SECTION 174 OF THEMOTOR VEHICLES ACT 1988 ON BEHALF OF THE
PETITIONER/RESPONDENT NO : 2.
We
the petitioner/2nd Respondent herein do hereby apply for the
execution of the decree herein below set out:-
1.
Number of the suit and the court M.C.O.P.NO / .
Which passed the decree
----------- COURT
2.Names and Address of the parties to this execution
petition:-
i) Petitioner/2nd
respondent:-
----------------------.
Address
for service of summons and notice is stated above and that of their counsel --------------- ., Advocate, -- address--.
ii) Respondent/1st
respondent.
-------------------- .
---------------------------------------------------------------------------------------------------------
3.
Date of decree
/ / .
---------------------------------------------------------------------------------------------------------
4.
Whether any appeal preferred from
Decree?
NO
---------------------------------------------------------------------------------------------------------5.Payment
or adjustment made if any? NO
---------------------------------------------------------------------------------------------------------
6.Previous
application any with
Date
and result?
NO
---------------------------------------------------------------------------------------------------------
7.
Amount with interest due upon
The
decree, other relief granted
Thereby
together with particulars
Of
any cross decree?
Award
amount Rs: --------------- /=
Amount
deposited by the petitioner/2nd respondent
Vide
memo dated / / together with interest and cost is Rs: ------------/=
---------------------------------------------------------------------------------------------------------
8.
Amount of cost if any awarded:- -----
---------------------------------------------------------------------------------------------------------
9.Against
whom to be executed : against the
Respondent / 1st respondent.
---------------------------------------------------------------------------------------------------------
10.
Mode in which the assistance of the court is required:-
The
petitioner herein is the insurer of the respondent load auto bearing regn.no.---------.
The claim petition was filed by ------- and another (wife and
son of the deceased) claiming compensation for the death of one ------- in a
motor vehicle accident which tookplace on ----- at ---- pm when he was riding
his herohonda passion motorcycle at --------junction, - high road, near ----
roadways bus company , the 1st respondent load auto bearing
reg.no was driven by its driver in a
rash and negligent manner hit at the motor cycle and by this impact, the
deceased sustained injuries and
succumbed to it. At the time of the accident , the driver of the respondent had
no driving license to drive the vehicle and as there was breach of policy
conditions the petitioner herein was directed to pay to the claimant and then
recover it from the owner , the 1st respondent. Accordingly the
petitioner had deposited a total sum of Rs. -----------/ in full satisfaction
of the award. The total amount due to the petitioner is Rs. --------------/-
The respondent herein have not paid the amount
of Rs.-----------/ to the petitioner insurance company. The petitioner is
entitled to realize the amount by proceeding against the respondent as per the
provisions of motor vehicles act under section 174.
The
petitioner/2nd respondent humbly prays that this hon’ble court may
be pleased to issue certificate under section 174 of motor vehicles act for the
amount of Rs.-----------/ to the DISTRICT COLLECTOR, --place--- to recover the
amount mentioned in column NO 7 of this application together with subsequent
interest on the Decreetal amount up to date of realization and paid to the
insurance company and thus render justice.
Advocate
for the petitioner Petitioner / 2nd
respondent.
Verification
I, the petitioner / 2nd respondent herein do hereby declare
that the above said facts are true to the best of my knowledge and belief and I
signed this
the day of at
---place---.
2nd
respondent.
Before the motor accidents
Claims tribunal,
court,
place.
EA / .
In
Mcop / .
Name of the insurer.
Petitioner / 2nd
respondent.
--------------------------------------
Petition under sec 174 of
The motor vehicles act 1988
On behalf of petitioner
/2nd respondent
--------------------------------------
Name of the owner of the vehicle.
Respondent / 1st
respondent.
BY
Name.,
ADVOCATE,
Place.
Enclosures:-
Decree copy
Deposit memo.
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