SYED MOHAMED UMAR Vs. SHERIFF OF BOMBAY

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution raises a question as to the interpretation of certain provisions of the Motor Vehicles Act, 1939 (hereinafter called the Act) and the Rules framed thereunder viz., the Bombay Motor Vehicles Rules, 1959 (hereinafter called the Rules). The question raised is whether the Accidents Claims Tribunal can, either through the High Court or the City Civil Court at Bombay, or on its own, direct the Sheriff of Bombay to execute the award passed by it.

(2.) Briefly stated, the facts leading to the petition are as follows :

(3.) The short question, therefore, for our consideration is whether the Motor Accidents Tribunal is empowered in law to direct the Sheriff to execute its awards and whether the Sheriff was not justified in refusing to execute the warrant. It may be mentioned that during the pendency of the petition, an interim order was passed directing the Sheriff to execute the warrant in the instant case and the same has been executed. However, the question is of importance and needs to be considered as the same point is likely to arise in future.