CHHOTELAL Vs. P. SUBHLAXMI & ORS.

JUDGEMENT

(1.) This revision is directed under Sec. 115 of the Civil Procedure Code by the applicant - claimant - decree holder being aggrieved by the order dated 30.1.09 passed by the Additional Motor Accident Claims Tribunal, Gadarwara, district Narsinghpur in Motor Vehicle Execution Case No. 36/06 dismissing the execution proceeding of the applicant filed to recover the sum of the interim award dated 18.5.07.

(2.) The facts giving rise to this revision in short are that the applicant, herein filed the Motor Accident Claim bearing claim case no. 36/06 in the Tribunal in which at the initial stage taking into consideration Sec. 140 of the Motor Vehicle Act, in short "The Act", on account of no fault liability an interim award was passed in favour of the applicant for Rs. 25,000.00 vide order dated 20.9.06. Subsequent to passing such award the claim petition of the applicant was dismissed on merits by the tribunal, vide order dated 18.5.07. Inspite such dismissal of the claim on merits the applicant to recover the sum of the aforesaid impugned award from the respondents through execution. But by passing the impugned order the Tribunal has dismissed the execution proceeding of the applicant holding that after dismissal of the original claim petition the interim award passed in such case had lost its sanctity and did not have any independent existence and in such premises, on which the applicant has come forward to this court with this revision.

(3.) Shri Nitin Agrawal, learned counsel for the applicant argued that even after dismissal of the claim petition on merits, the respondents could not escape to pay the sum awarded under Sec. 140 of the Act on account of no fault liability and said that in such premises the Tribunal has committed grave error in dismissing his execution. He also placed his reliance on the reported cases in the matter of Krishna Wd./o Shiv Prasad Mourya and others Vs. J.P. Sharma and others, 1998 (1) M.P.L.J. , K. Nandakumar Vs. Managing Director Thanthal Periyar Transport Corporation, (1996) 2 SCC, Smt. Shamina Begum and others Vs. Rajendra Waghmare and another, AIR 2000 Madhya Pradesh 22 , Kaluram Vs. State of M.P. in M.A. No. 1073/2002 (Jabalpur), D/-7 Feb., 2008 , in Misc. Appeal No. 1304/1995 Munnalal Rajak Vs. Kailash and another and prayed for admission and allowing this revision.