Rule 530-A of the Andhra Pradesh Motor Vehicles Rules is not inconsistent with Section 110-E of the Motor Vehicles Act, 1939. Rule 530-A is a supplementary mode of execution authorised by Section 111-A of the Act.

P. A. CHOUDARY, J.

( 1 ) THIS Letters Patent Appeal is filed by the Premier Insurance Company, Kakinada against a judgment of our learned brother Chennakesav Reddy, J. By means of his order, Chennakesav Reddy, J. reversed an order of the District Judge, Rajahmundry, dated 25-3-1974 dismissing Execution Petition No. 15 of 1973 in O. P. No. 76 of 1967 filed under R. 530-A of Andhra Pradesh Motor Vehicles Rules. The aforesaid Execution Petition No. 15 of 1973 had been filed by one Jagadeswara Rao, seeking execution of a compensation award decreed to him against the Insurance Company and the owner of a vehicle. But, the learned District Judge, holding that the aforesaid R. 530-A is inconsistent with Section 110-E of the Motor Vehicles Act of 1939, dismissed the Execution Petition.

( 2 ) THE relevant facts are few and the questions of law are also simple, although they appear to be complicated enough for the Insurance Company to be able to successfully arrest the execution of the aforesaid award decree for well over five years.

( 3 ) JAGADESWARA Rao, the execution petitioner, is the victim of an accident caused by a motor vehicle owned by one Ramarao and insured with the Premier Insurance Company Kakinada. In claim proceedings instituted by Jagadeswara Rao under Section 110-A of the aforesaid Motor Vehicles Act, the District Judge, Rajahmundry, acting as the Claims Tribunal, awarded the victim of the motor accident a sum of Rupees 12,600/- as compensation; armed with this order of the Claims Tribunal, in E. P. No. 25 of 1973 for the execution of the award decree, he made to that execution application, the Premier Insurance Company Kakinada, the insurer and Ramarao and owner as the respondents.

( 4 ) THE Insurance Company raised a preliminary objection as to the maintainability of the execution application. It said that the execution application filed under the aforesaid R. 530-A is not legally maintainable as R. 530-A is inconsistent with Sec. 110-E of the aforesaid Motor Vehicles Act. The learned District Judge had upheld this objection raised by the Insurance Company as to the maintainability of the execution application and dismissed the same.

( 5 ) IT is against that order of the learned District Judge, the motor vehicle accident victim Jagadeswara Rao, preferred C. M. A. No. 263 of 1977 to the Court which was allowed by our learned brother Chennakesav Reddy, J. Feeling aggrieved by the order of our learned brother, the Insurance Company prefers this L. P. A. under Clause 15 of the Letters Patent.

( 6 ) IN order to appreciate the contentions of the Insurance Company, it is necessary to see the Scheme of the Motor Vehicles Act and in particular the effect of Sec. 110-E of the Motor Vehicles Act and Rule 530-a made by the A. P. State Government.

( 7 ) THE Motor Vehicles Act of 1939 had provided for, among other things, for the adjudication of the claims preferred by the victims of the motor vehicle accidents. For the purposes of adjudicating these claims "motor Accidents Claims Tribunals" in short claims Tribunals manned by a Judge of the High court or a District Judge, are directed to be brought into existence by the State Governments. Under S. 110-B. these Claims Tribunals are given power of enquiring into the claim and making an award determining the amount of just compensation specifying person or persons to whom the compensation shall be paid and by whom. sec. 110-E which is the most important Section for the purpose of this case, should be read in full. "110-E. Where any money is due from an insurer under an award, the Claims Tribunal may, on an application made to it by the person entitled to the money, issue a certificate for the amount to the Collector and the Collector shall proceeded to recover the same in the same manner as an arrear of land revenue. "

( 8 ) THE aforesaid Section 110-E was amended by the Central Act 56 of 1969 with effect from 2-3-1970. After the amendment, Section 110-E reads as follows:-"where any mo

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