EXECUTION IN MOTOR ACCIDENT AWARDS
tarun
(Querist) 04 March 2009
This query is : Resolved
DEAR LAWYER CLUB MEMBERS ,
HERE IS A PECULIAR SITUATION with one of my clients ..may be u can help me find some solution :-
In year 2000 Mr. A died in a road accident laeving behing his widow and three minor childre, 11, 9 and 7 years . Wife filed a CLAIM in M.A.C.Tribunal AND IN 2005 an award of Rs. 9 lac passed . Widow get around 4.5 lacs ,to be deposited in FDR for 5 years ,rest distributed in children.
in 2003 she received a notice from another MACT court whereby she came to know that one "B" was died IN 1999 in a road accident by the vehicle belonging to A,DRIVEN BY DRIVER OF A , .she appeared through his counsel but the counsel did not cared and the court impleaded her as legal heir of the respondent AND PASSED an award of Rs. 5 lacs , as the vehicle was not insured at the time of Accident.
i entered at the stage ofExecution , filed my objections but ,court rejected , i approached High court ,which stayed the execution but instructed me to deposit the amount in installments ..so far i have deposited arnd 2.5 lacs , now the widow has no money to deposit , she has a residential house in her name before the institution of these cases. suggest how to save her from this execution.
n.k.sarin
(Expert) 06 March 2009
Hi tarun, your query is quite simple.it is clear that the said case was not fought properly. The law is quite clear and well settled regarding the said case.The execution court can recover the money fom the legal heirs only to the extend that they got from the deceased.It is the decree holder who was liable to tell the court detail of the property of the deceased from which the decrital ammount can be recovered, if the decree holder failed to do so the execution court can not recover the money. In the said case it is not clear that why high court ordered to deposit the decrital ammount?
tarun
(Querist) 07 March 2009
Dear members,thanx a lot for ur valuable advice but there are problems :
the award under motor accident tribunals are not civil recovery it is like land revenue and to be recovered by the revenue officer ( SDM in Delhi ) the objections as adviced by you are applicable in CPC or civil recovery, not in land revenues . In Delhi, PUNJAB LAND RECOVERY ACt is applicable and there is such defence available ( to my knowledge ...) please try to find the solution in this regard ...thanx
tarun
(Querist) 07 March 2009
please advice
B.B.R.Goud.
(Expert) 07 March 2009
i do agree with sarin.
you need to approach the advocate who is an expert in such cases.
n.k.sarin
(Expert) 07 March 2009
Dear Tarun, you misunderstand the matter. I have to say the execution court can not issue a recovery certificate against the decree debtor untill decree holder gives the details of the property of the deceased from witch the money can be recovered(it is a mandatory provision), if decree holder unable to give the detail of the property of the deceased, the execution court can not issue the recovery certificate.Further it is wrong to say that these provision are applicable only to civil recovery.If u have more doubt, u further ask and clear the same.
J K Agrawal
(Expert) 12 March 2009
Dear Mr Tarun
It is true that a award under M V Act is recoverable as 'Land Revenue Due' which is subject of land revenue act. But again a heir is not liable for tortuous liability of his ancestors. (Even pious liability also eliminated by recent amendment in Hindu succession Act) The recovery officer has right to attach property of judgment debtor only and not of his heirs personal assets. The award in the hands of your client is not a property inherited by them. I. K. Ayyasammy v Mohanasundari (2003)III ACJ 2072 Madras. This judgment is not respected by authors (See MLJ's Motor Vehicle Laws 2008 edition page1328 ) But I can suggest that so much part of award which was given to your clients, on account of 'Loss of Estate' only can be attached by the recovery officer.
A. A. JOSE
(Expert) 12 March 2009
Mr.Agrawal's view is endorsed.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
V.V.RAMDAS
(Expert) 16 April 2009
Tarun,
you can file a petition for review before the same court, which has passed the award. Secondly you can also file a petition u/s 47 C.P.C before the execution court. thirldy, you can prefer an appeal
before the High court.
