Revision against an executing court's Section 174 MV Act certificate allowing the insurer to recover compensation from the registered owner as arrears of land revenue; the High Court found the objections had been considered and dismissed the revision, noting the petitioner's litigation had already failed up to the Supreme Court.
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110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-5741-2023 (O&M) Date of Decision: September 19, 2024
Raj Kumar
…Pe44oner
Versus
United India Insurance Company Limited
…Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Mohit, Advocate for the pe��oner.
DEEPAK GUPTA, J.(Oral)
CM-11096-CII-2024
This is an applica�on moved by the pe��oner to place on record the zimni orders passed by the Execu�ng Court as Annexures P-10 to P-26.
Allowed.
Annexures P-10 to P-26 are taken on record.
CR-5741-2023
By way of this revision pe��on under Ar�cle 227 of Cons�tu�on of India, pe��oner prays to set aside the order dated 25.01.2023 (Annexure P-9), whereby execu�on pe��on No.18 of 2016 filed by the United India Insurance Company Ltd. (respondent herein) has been allowed.
Sarita Rani 2024.09.20 06:03 I attest to the accuracy of this document/order
CR-5741-2023 (O&M) - 2 -
10.07.2019. The pe��oner also approached Hon’ble Supreme Court, but his pe��on was dismissed.
“5. Sec�on 174 of the Motor Vehicles Act, 1988 says that “where any amount is due from any person under an award, Claims Tribunal may on an applica�on made to it by the person en�tled to the amount, issue a cer�ficate 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. In the present case, the award has been passed by the claims Tribunal and FAO filed against the award in the Hon’ble High Court has already been dismissed by the Hon’ble High Curt vide judgment dated 10.07.2019. The applicant United India Insurance Company Limited has already made the payment to the claimants as per the award with right to recover from the JD.
Sarita Rani 2024.09.20 06:03 I attest to the accuracy of this document/order
- 3 -
CR-5741-2023 (O&M)
7. Since FAO no. 436 of 2016 filed by JD Raj Kumar against the award has already been dismissed by the Hon’ble High Court of Punjab and Haryana at Chandigarh on 10.07.2019, therefore, in view of this, the applicant United India Insurance Company Limited is en�tled to recover the amount of Rs.13,55,116/- with interest at the rate of 7.5% per annum �ll realiza�on. Therefore, cer�ficate is issued for the said amount regarding the en�tlement of the applica�on United India Insurance Company Limited from JD Raj Kumar and be sent to the Collector, Fatehabad for it recovery in the same manner as an arrears of land revenue. Copy of the order be sent to the Collector, Fatehabad for compliance. File of the execu�on pe��on be consigned to the record room a>er due compliance.”
No merit. Dismissed.
| September 19, 2024 | (DEEPAK GUPTA) |
|---|---|
| sarita |
JUDGE |
| Whether reasoned/speaking: | Yes/No |
| Whether reportable: | Yes/No |
Sarita Rani 2024.09.20 06:03 I attest to the accuracy of this document/order
1 issue framed by the court
Whether the Executing Court erred in issuing the Section 174 recovery certificate without deciding the objections filed on 30.09.2022.
2 provisions across 2 enactments
Raj Kumar
United India Insurance Company Limited
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
