GHANSHYAM GUPTA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Heard Sri Arun Kumar Gupta, learned counsel for petitioner at great length and perused the record.

(2.) Writ petition is directed against the order dated 20.7.2011 passed by Addl. District Judge, Maharajganj directing for issuance of recovery certificate for recovery of Rs. 6,40,794/- alongwith interest from the petitioner on an application filed by respondent No. 1 under Section 174 of Motor Vehicles Act, 1988 (hereinafter referred to as "1988 Act").

(3.) It is not in disputed that in M.A.C.P. No. 101 of 2004 filed by Smt. Jaisrunnisha and another against the petitioner and others, an award was given by Tribunal on 11.12.2008 awarding sum of Rs. 5,03,708/- alongwith interest at the rate of 7%. The Tribunal directed the said amount to be paid by the Insurance Company, respondent No. 1 but also said that respondent No. 1 shall recover the said amount from the owner of the vehicle, i.e. petitioner. Petitioner who was party in the said petition, contested the matter and thereafter the said order was passed. Petitioner filed no appeal within time. It is said that after expiry of period of limitation for filing appeal, petitioner filed F.A.F.O. No. 667 of 2009 alongwith application under Section 5 of Limitation Act. This Court issued notice on the application under Section 5 and the matter is pending since then. Since no interim order was passed by this Court, the execution of the award proceeded pursuant whereto the Insurance Company deposited the awarded sum in the Court below and, thereafter filed an application for recovery of the said amount from the petitioner, i.e. owner of the vehicle. The order impugned in the writ petition has been filed pursuant to the said application. Learned counsel for petitioner submitted that under Section 174 of 1988 Act, it is Insurer which may file the application and not Insurance Company and, therefore, the application is beyond the scope of Section 174.