The court dismissed a contempt application filed because the applicant had not filed a formal application for execution of the award made by this Court under the Motor Vehicles Act. Since no execution application was filed, contempt was held inapplicable.
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Neutral Citation No. - 2024:AHC:114939
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4610 of 2024
Applicant :- Smt. Shiv Patta And Another Opposite Party :- Vikesh Sharma (Assistant Manager Incharge), The New India Assurance Company Limited Counsel for Applicant :- Angira Prasad
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicants.
The present application has been filed stating that the opposite party is not paying the compensation amount awarded to them by award dated 20.3.2024 passed by this Court in First Appeal From Order No. 1944 of 2021.
The order was passed in an appeal filed under the Motor Vehicles Act, 1988.
The applicants have the remedy to file appropriate application for execution of the order passed by this Court as it modifies the award of the Tribunal.
No execution application has been filed, therefore, no contempt can be attributed to the opposite party.
The application is dismissed .
Order Date :- 19.7.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether an applicant entitled to execute an award may file a contempt application instead of a formal execution application.
Whether a contempt application can be maintained where no execution application has been filed for the award under challenge.
Smt. Shiv Patta and Another
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
