THOMAS P.JOSEPH
S. P. Vasakumar Pillai – Appellant
Versus
Motor Accidents Claims Tribunal – Respondent
The question raised for decision is whether the Motor Accidents Claims Tribunal (for short, ‘the Tribunal) constituted under Section 165 of the Motor Vehicles Act, 1988 (for short, ‘the Act) is invested with the power to order attachment of property before passing the award.
2. Respondents 2 to 5 are the legal representatives of one Viswambharan who died in a motor vehicle accident on 14.2004. According to the respondents 2 to 5, the motor cycle which the petitioner was riding in a rash and negligent manner hit Viswambharan. Respondents 2 to 5 filed application before the Tribunal claiming Rs.3 lakhs from the petitioner. Since the motor cycle was not having a valid policy of insurance, claim was lodged only against the petitioner. Along with the application, respondents 2 to 5 filed Ext.P1, I.A.No.2957 of 2008 for attachment of the immovable property allegedly belonging to the petitioner. As per Ext.P2, order dated 19.6.2008 learned Tribunal directed the petitioner to show cause why he should not furnish security for the amount claimed and placed the property under conditional attachment. That order is under challenge in this proceeding.
3. According to the learned counse
P.Sambamurthy v. State of Andhra Pradesh ((1987) 1 SCC 362).
Laxmansingh v. Parmanand Damani (2003 ACJ 1214).
Duvvuru Siva Kumar Reddy v. Malli Srinivasulu (2007 ACJ 448).
Income Tax Officer v. Mohammad Kunhi (AIR 1969 SC 430).
Dharmadas v. S.T.A.T. (AIR 1963 Ker. 73).
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