MUKUL MUDGAL
NEW INDIA ASSURANCE CO. LTD – Appellant
Versus
KASHMIRI LAL – Respondent
( 1 ) THIS writ petition under Article 227 of the constitution of India arose from an execution of an award in favour of the claimant in a motor accident case and discloses a tortuous route a motor accident victim as a claimant has to follow in order to recover dues by being driven to the resort to the provisions of Section 174 of the Motor Vehicles Act (hereinafter referred to as the act ). In so far as the petition on merits is concerned, it related to a penalty imposed on petitioner No. 2 who is the Regional Manager of the petitioner No. 1 company, who in the writ petition has inter alia averred that it is a government owned nationalized insurance company and that part of the matter has already been decided as the penalty imposed has been waived by this Court by its order dated 12th August, 2005. However, since the recovery of the awarded amount to the legal heirs of the motor accident claimant or the claimant itself takes considerable time inspite of awards of Motor Accidents claim Tribunals (hereinafter referred to as MACT) in the claimants favour, this Court had appointed Mr. Ashok chhabra as Amicus Curiae and he has ably assisted this court to enable this C
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