Single judge High Court discharged writ petition challenging recovery proceedings from a Motor Accident Claims Tribunal award. Held that liability could be bifurcated only by modifying the interim stay order in the pending First Appeal, not via this writ petition.
Writ petition consigned to records; no interference in recovery proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 19076 of 2018
Petitioner :- Sunder Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner.
The petitioner has come up challenging the recovery proceedings on the ground that he has a limited and partial liability arising out of the decision in the claim petition. This is a matter arising out of an award by the Motor Accident Claims Tribunal. The recovery has been set into motion to satisfy the decree under the award and the petitioner along with Suresh Chandra filed First Appeal From Order No.3226 of 2104 challenging the award where the following interim order was passed on 26.11.2014 :
"Admit.
Issue notice to the opposite parties by registered post acknowledgment due.
Steps to be taken within a week.
List for orders after the expiry of four weeks on the date fixed in the summons by which time the said opposite parties may file a counter affidavit.
Until further orders, the effect and operation of the award shall remain stayed, provided the appellant deposits entire decretal amount before the Tribunal concerned, after adjusting the amount deposited before this Court within six weeks from today and file proof before this Court on or before the next date. The claimant can withdraw 50% of the amount without furnishing security. The balance amount shall be kept in a fixed deposit, which shall be subject to further orders of this Court.
The Registry is directed to remit the amount, which is deposited before this Court to the Tribunal concerned within two weeks from today."
The said order categorically states that the operation of the award shall remain stayed provided the appellant deposits the entire decretal amount. Any bifurcation for deposit and
segregation of liability would therefore be permissible by modification in the order dated 26.11.2014 itself and not by this Court in this proceedings challenging the recovery. If the petitioner wants he can move an appropriate application for the said purpose in the pending First Appeal From Order aforesaid. We are therefore not inclined to interfere under Article 226 of the Constitution of India without prejudice to the rights of the petitioner to move an appropriate application in the aforesaid pending appeal. The writ petition is consigned to records.
Order Date :- 25.5.2018 R./
1 issue framed by the court
Whether the Court can interfere with recovery proceedings challenging it on grounds of limited liability arising from a Motor Accident Claims Tribunal award where an interim stay order in the First Ap
1 provisions across 1 enactments
Sunder Singh
State Of U.P.
Amreshwar Pratap Sahi
Shashi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
