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2017 DIGILAW 840 (RAJ)

National Insurance Co. Ltd. v. Motor Accident Claims Tribunal, Ajmer Thro' his Presiding Officer

2017-03-30

M.N.BHANDARI

body2017
JUDGMENT : M.N. Bhandari, J. Mr. Chain Singh Rathore appears for respondent No. 8 land Mr. Sunil Samdaria appears for respondents Nos. 4 and 5. None appears for other respondents despite service. 2. By these writ petitions, a challenge is made to execution of the warrant of (attachment dated 23.7.2008, 21.8.2007 and 19.7.2008 in pursuance of the award passed by the Motor Accident Claims Tribunal (for shot the "MACT"). 3. Learned Counsel for petitioners submits that after the award by the MACT, the procedure for recovery has been given under Section 174 of the Motor Vehicles Act, 1988 (for shot "the Act of 1988"). The Tribunal is not following the procedure and sending the execution/warrants to the banks directly for recovery of the amount. The procedure aforesaid is not provided under the Act of 1988 thus even Rajasthan Motor Vehicles Act, 1990 cannot be given interpretation contrary to die provision of the Act. In view of above, procedure adopted by the MACT needs to be interfered. It is admitted that recovery in pursuance of the claims has already been effected in the present case thus writ petitions remain academic in nature but needs to be decided to settle the issue. 4. I have considered submissions of the parties and perused the record. 5. The only question for any consideration is as to what procedure should be adopted for recovery of the amount after the award is passed by the MACT. The procedure is given under Section 174 of the Act of 1988 and, for ready reference, it is quoted hereunder:- "Section 174 - Recovery of money from insurer as arrear 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 the Collector shall proceed to recover the same in the same manner as an arrear of land revenue." 6. As per the provision, recovery arising out of the award can be effected by issuing a certificate for the amount to the Collector and then the Collector to proceed to recover the amount, as arrears of land revenue. The procedure aforesaid has not been adopted by the Tribunal, rather, warrants of attachment are issued directly. As per the provision, recovery arising out of the award can be effected by issuing a certificate for the amount to the Collector and then the Collector to proceed to recover the amount, as arrears of land revenue. The procedure aforesaid has not been adopted by the Tribunal, rather, warrants of attachment are issued directly. The Rules framed by the State of Rajasthan cannot be used in a manner which may go against the provision of the Act of 1988 thus these writ petitions are disposed of with a direction to the Tribunal to adopt the method of recovery provided under the Act of 1988. The writ petitions are disposed of with the aforesaid. A copy of this judgment be placed in connected file.