NATIONAL INSURANCE CO. LTD. Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL, AJMER THRO HIS PRESIDING OFFICER AND OTHERS

JUDGEMENT

(1.) Mr. Chain Singh Rathore appears for respondent No. 8 land Mr. Sunil Samdaria appears for respondents Nos. 4 and 5. None appears for other respondents despite service.

(2.) By these writ petitions, a challenge is made to execution of the warrant of (attachment dated 23.7.2008, 21.8.2007 and 19.7.2008 in pursuance of the award passed by the Motor Accident Claims Tribunal (for shot the "MACT").

(3.) Learned Counsel for petitioners submits that after the award by the MACT, the procedure for recovery has been given under Section 174 of the Motor Vehicles Act, 1988 (for shot "the Act of 1988"). The Tribunal is not following the procedure and sending the execution/warrants to the banks directly for recovery of the amount. The procedure aforesaid is not provided under the Act of 1988 thus even Rajasthan Motor Vehicles Act, 1990 cannot be given interpretation contrary to die provision of the Act. In view of above, procedure adopted by the MACT needs to be interfered. It is admitted that recovery in pursuance of the claims has already been effected in the present case thus writ petitions remain academic in nature but needs to be decided to settle the issue.