Bahal Singh S/o Generail Singh v. Mira Bai W/o Lt. Milan Ram Sahu
2016-04-13
CHANDRA BHUSHAN BAJPAI
body2016
DigiLaw.ai
ORDER : SHRI. CHANDRA BHUSHAN BAJPAI, J. 1. Heard on admission. 2. Facts in brief required for adjudication of the instant W.P. (227) are that the Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (for short 'the MACT') passed an award dated 5.10.2007 in Claim Case No. 36 of 2006 in which learned Tribunal vide para 20 sub-para 4 of the award directed that Respondent No.3 therein shall pay the compensation amount and they are free to recover the said award amount from Respondent No.2 therein. Respondent No.3 has already paid the awarded amount as directed. Thereafter, it had filed an execution case before the MACT to recover the said amount as per order of the Tribunal. Respondent No.2 therein has made an objection that Respondent No.3 is required to file a separate suit and the application is barred by limitation. The Executing Court has rejected the objection and held that no separate suit to recover the amount as paid by the Insurance Company is required. 3. Against the said appreciation, the Petitioner/Owner has approached this Court and prayed that by invoking the jurisdiction under Article 227 of the Constitution of India, the order of the Executing Court dated 6.2.2016 may kindly be quashed and appropriate writ of certiorari be issued for the relief sought. 4. Learned counsel for the Petitioner duly supported the grounds taken in the instant W.P.(227) and on that basis the impugned order dated 6.2.2016 may be quashed. 5. The award has already been passed and the liability has been fixed on Respondents No.1 and 2 therein to pay the entire award amount. The trial Court initially ordered the amount to be paid by Respondent No.3 therein and thereafter granted liberty to recover the said amount from Respondent No.2. As the matter was finally adjudicated, Respondent No.3 therein had followed the direction of the MACT and thereafter, by filing an execution case prayed that Respondent No.2 therein be directed to repay the compensation amount to Respondent No.3. In the considered view of this Court, no independent suit is required for the said purpose. Accordingly, I do not see any illegality and impropriety in the order passed by the learned MACT dated 6.2.2016. No interference is required and the instant W.P.(227) sans substance and is dismissed at the motion stage itself. 6.
In the considered view of this Court, no independent suit is required for the said purpose. Accordingly, I do not see any illegality and impropriety in the order passed by the learned MACT dated 6.2.2016. No interference is required and the instant W.P.(227) sans substance and is dismissed at the motion stage itself. 6. Registrar (Judicial) is directed to send a copy of the order to the Court below for information and further proceedings as required under the law. 7. The W.P. (227) is dismissed. 8. No order as to costs.