The petitioner is aggrieved by the order dated 04.01.2019 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Mathura, passed on the application of the Insurance Company praying that the amount awarded to the claimants-petitioners may not be released in their favour by the Motor Accident Claims Tribunal till the vehicle owner furnishes security for the aforesaid amount.
From the order itself it is clear that the amount awarded to the claimants-petitioners has already been deposited by the Insurance Company before the Motor Accident Claims Tribunal by cheque.
The amount is lying in the account of the court and is not being released to the claimants-petitioners only on the ground that the vehicle owner has not furnished security for withdrawal of the aforesaid amount.
A perusal of the award of the Motor Accident Claims Tribunal dated 24.05.2018 passed in MACT Case No. 418 of 2015, shows that the Insurance Company was directed to make payment of the awarded amount to the claimants/petitioners within a period of one month. Counsel for the petitioners has submitted that the very purpose of the award and direction of payment of the awarded amount within a period of one month has been frustrated by the passing of the impugned order dated 04.01.2019 by the Motor Accidents Claims Tribunal. The executing court cannot alter the award in execution proceedings and it is settled law that the terms of the award are binding on the executing court. The order staying the payment of the awarded amount to the claimants on the application of the Insurance Company by the Tribunal is absolutely illegal and it amounts modification of the terms of the amount.
After hearing the counsel for the petitioners this court is of the view that the award dated 24.05.2018 passed by the Motor Accident Claims Tribunal requires to be complied with. It is clear from the order of the Tribunal dated 04.01.2019 that awarded amount has already been deposited before the Motor Accident Claims Tribunal in pursuance of the order dated 24.05.2018 of the Tribunal, the amount has not been received by the claimants till date.
This writ petition is disposed of directing the Motor Accidents Claims Tribunal/Additional District Judge, Court No. 2, Mathura, to make payment of the awarded amount to the claimants, as per the award, if there is no stay order passed by the Appellate Court against the award, within a period of three weeks from the date of presentation of the certified/computerized copy of this order. The Tribunal can direct the recovery of the awarded amount from the vehicle owner, thereafter but it cannot be permitted to wait endlessly for the vehicle owner to furnish security for the awarded amount. The Tribunal is at liberty to get awarded amount recovered from the vehicle owner in favour of the Insurance Company but the petitioners cannot be prevented from receiving the awarded amount. The order dated 04.01.2019 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Mathura, in MACT Case No. 418 of 2015 is against the object and purpose of the Motor Vehicles Act, 1988 and also against the law that executing court cannot stall the execution of award by altering its terms as held by this Court in Smt. Pramila @ Pramila Kumari & ors. vs MACT/Special Judge & ors, 2016 (7) ADJ 562.
Hence, the order dated 04.01.2019 impugned in this petition is quashed.
Order Date :- 22.2.2021 S.K.