BALJEET KAUR Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) This petition is by the claimants presented under Article 227 of the Constitution assailing the order dated 16.1.2020 of the Motor Accident Claims Tribunal, Bathinda closing their execution proceedings by resort to Section 174 of the Motor Vehicles Act, 1988 [for short 'MVA'] relegating the petitioners to the Collector upon issuing through his Ahalmad a certificate for the compensation amount to the Collector to recover the same in the same manner as an arrear of land revenue. Is this the proper thing to have done, is the question to be answered.

(2.) Heard learned counsel for the petitioner on the order dated 16.1.2020 passed in execution proceedings by the Motor Accident Claims Tribunal, Bathinda (acronym 'MACT') exercising the powers of the executing Court. The petitioners are claimants to whom compensation has been awarded. A part of the compensation has been paid towards principal by the insurance company/judgment-debtor. A balance of Rs. 41,909/- remains to be paid, which is the interest element shown in column No. 10 of the application form for attachment of movable property to pay the balance due, which contains this heading; "The Mode in which assistance of the Court is required" It is mentioned in response: "By attachment of Account of respondent/JD No.3 Bank Account No. 912020003966659 in the name of National Insurance Co. Ltd. with Axis Bank Bathinda". This was the specific prayer in the application which was required to be determined by the MACT.

(3.) This application was taken up by the MACT Bathinda and was disposed of faithfully by complying with the directions issued by this Court in CR No. 3248 of 2017, titled Bharti Axa General Insurance Co. Ltd. vs. Samsuddin and others decided on 08.09.2017, [copy of which has been circulated among the Motor Accident Claims Tribunals/Executing Courts within the territory of this Court] directing them to proceed as per provisions of Section 174 of the MVA in the matter of execution and recovery of compensation amount, or part thereof, as arrears of land revenue upon a certificate issued to the Collector. The MACT has directed his Alhmad to send the Certificate fixing the outstanding amount to the Collector of the district for recovery under Section 174 of the Act and thereafter the Judge has consigned the file to the record room thereby washing his hands off the case, increasing his disposal of cases and making his much sought after Units.