PRADEEP LEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question for consideration is whether for initiating action for execution of an award of the Motor Accidents Claims Tribunal the petitioner-claimant can produce the free copy of the award supplied to him by the Tribunal or whether he should apply for, secure and produce a certified copy of the order.

(2.) The petitioner filed Exh. P-2 E.P. seeking to recover the amounts awarded by the M.A.C.T., Thiruvananthapuram in O.P. (MV) No. 550 of 1993. As per Exh. P-3 order the Tribunal found that no certified copy of the award sought to be executed was produced by the petitioner and as such Exh. P-2 was not maintainable. The petitioner was also directed to produce certified copy of the award within two weeks, failure of which would entail dismissal of the execution petition.

(3.) According to the learned counsel appearing for the petitioner Exh. P-2 had been filed duly supported by a free copy of the award in question and the Tribunal was not justified in insisting for a further certified copy.