NARENDER SINGH KADIAN Vs. DHANPATI

JUDGEMENT

(1.) The respondent obtained an award in a claim petition filed under the Motor Vehicles Act. As the amount awarded in the claim petition has not been paid, the claimants applied for the arrest of the judgment-debtor. Notice was given to the judgment-debtor, but he remained absent. Therefore, the learned Motor Accidents Claims Tribunal directed the detention of the judgment-debtor Narender Singh, the petitioner herein for a period of two months in civil prison. Aggrieved by the same the petitioner filed this revision petition.

(2.) The only contention raised by the learned Counsel for the petitioner is that Section 174 of the Motor Vehicles Act is a self-contained Code and the provisions of Order 21, Rule 37 of the Code of Civil Procedure are not applicable and, therefore, no warrant of arrest can be issued in execution of the award passed by the Motor Vehicles Act, 1988. According to him Section 174 of the Motor Vehicles Act provides for implementation of the award passed by the Motor Accidents Claims Tribunal and the only remedy available to the claimants is to recover the amount awarded as an arrear of land revenue.

(3.) In order to appreciate the contention of the learned Counsel for the petitioner, it is necessary to see the Scheme of the Motor Vehicles Act and in particular the effect of Section 174 and Rule 220 framed by the Haryana Government in exercise of powers conferred on it under Section 176 of the Motor Vehicles Act. The Motor Vehicles Act provided for, among other things, for the adjudication of the claims preferred by the victims of the motor vehicle accidents. The Motor Accidents Claims Tribunals (in short 'Tribunals') have been established for the purposes of adjudicating these claims and the Tribunals have been given power of enquiring into the claim and making an award determining the amount of compensation for the victims.Section 174 of Motor Vehicles Act, 1988 reads as follows :-"Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it, by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue."