R JAGADESWARA RAO Vs. PREMIER INSURANCE CO KAKINADA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of the District Judge, East Godavari at Rajahmunddry, in EP. No. 15 of 1973 in O.S. No. 76 of 1861 dismissing the E.P. as not maintainable The appellant filed an application for compensation under Section 110-A of the Motor Vehicles Act, 1939, hereinafter referred to as the Act before the District Judge cum-Motor Accidents Claims Tribunal East Godavari at Rajahmundry, and obtained an award for Rs. 12,600. He filed E.P. No. 15 of 1973, before the District Judge for the enforcement of the award of compensation against the respondents. The respondents resisted the execution on the ground that the Civil Court has no jurisdiction to entertain the E.P. Upholding their contention the learned first Additional District Judge, dismissed the E.P.

(2.) The short question and the sole question that arises for consideration is. Whether the E.P, filed before the District Judge for the enforcement of the award of compensation is not maintainable. The relevant provisions concerning the controversy are Section 110-E of the Act and Rule 530-A of the Rules framed by the State Government under Section 111-A of the Act Section 110-E of the Act prior to the amendment in 1969 read as follows:-- "110-E. Recovery of money from insurer as arrear of land revenue:-- Where any money is due from an insurer under an award. the Claims Tribunal, may, on an application made to it by the person entitled to the money. issue a certificate for the amount to the Collector and the Collector shall proceed to recover the samr in the same manner as an arrear of land revenue." Rule 530-.4 of the Rules reads as follows:-- "530-A Enforcement of an award of Claims Tribunal:-- Subject to the provisions of Section 110-E the Claims Tribunal, shall, for the purpose of enforcement of its award, have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 as if the award were a decree for the payment of money passed by such court in a Civil Suit."

(3.) The said rule was inserted by means of a Government order in 1965, Under Section 110-E, the Award of the Tribunal, could not he executed through the media of the civil Court, as against the persons other than the insurer. But under the Rule the Claims Tribunal was inferred with all the powers of a Civil Court dot the purpose of enforcement of its award in the execution of a decree under the Code of Civil Procedure, 1968, for the purposes of enforcement of its award as in the award were a decree for the payment of the money But in view of the opening words the rule subject to the provisions of Section 110-E it follows that the made of execution of the award as against an insurer is through the Collector, As against the persons other than the insurer, namely, the owner and driver of the vehicle, the Claims Tribunal itself is empowered under the Rule to enforce the award, as if the award were a decree for money passed under the Code of Civil Procedure. Section 110-E was amended by Act 56 of I969, and the words an insurer were substituted by the words any person. This amendment came into force with effect from 2-3-1970. By virtue of this amendment, any person entitled to the money under the award can execute the award through the media of the Collector against any persons, it is, therefore contended that by the amendment of Section 110-E the scope of section is enlarged, that against any person the award for compensation can be executed through the media of the Collector and that, therefore, R. 530-A has become, after the amendment, obsolete.