Point of Law: Neither there is any challenge to the maintainability of claim petition nor to the validity of award nor these aspects can be gone into in this petition filed under Article 227 of the Constitution of India.

JUDGMENT :

Jyotsna Rewal Dua, J.

The challenge in this petition preferred under Article 227 of the Constitution of India is to the order dated 27.09.2022 passed by the learned Motor Accident Claims Tribunal at Nahan, H.P., in an application moved by respondent No.1- Insurer, under Section 174 of the Motor Vehicles Act and the consequent auction notice issued by the revenue agency on the basis of this order.

2. Facts

2(i) A claim petition was preferred by present respondents No. 2 to 6 under Section 166 of the Motor Vehicles Act for grant of compensation of Rs.20,000,00/- on account of death of Sh. Pati Ram. Sh. Pati Ram was husband of respondent No.2 and father of respondents No. 3 to 6.

2(ii). In the claim petition that was preferred on 07.04.2015 initially one Sh. Hira Singh son of Sh. Bhajnu was impleaded as respondent No.1. He was reflected as owner of Bolero Camper No. HP-17B-4425 i.e. the vehicle involved in the accident. It appears from the record that accident in question took place on 27.5.2014 at about 11.00 p.m. Sh. Hira Singh, stated owner of the vehicle in question had died on 01.02.2013.

2(iii). Taking into consideration the above facts, learned Tribunal vide order dated 11.05.2016 deleted the name of Sh. Hira Singh from the array of parties. His legal representatives were ordered to be brought on record as respondents No. 1(i) to 1 (vi). They were served and represented by their learned counsel before the learned Tribunal. The matter was heard by learned Tribunal. Vide award dated 15.07.2021, the claim petition was partly allowed. The claimants were held entitled to a compensation of Rs.8,25,000/- with interest at the rate of 9% per annum from the date of filing the petition till realization. The amount of compensation was ordered to be paid by the Insurer (present respondent No.1) to the claimants, who was given the right to recover the amount from “respondent No.1”.

2(iv). The Insurer (present respondent No.1) moved an application under Section 174 of the Motor Vehicles Act for executing/recovery of the compensation amount awarded by the Tribunal. In this application, legal heirs of Hira Singh i.e. Smt. Nomi Devi, Smt. Durga Devi wives of late Sh. Hira Singh, Miss. Nisha, Ms. Sanjana, Miss. Kajal, daughters of late Sh. Hira Singh and Master Nitin S/o of late Sh. Hira Singh were impleaded as judgment debtors [petitioner herein & respondents No.1(i) to 1(vi) in the claim petition]. Learned Motor Accident Claims Tribunal on 27.09.2022 ordered for issuance of certificate of realization under Section 174 of the Motor Vehicles Act. The directions were issued to the concerned District Collector to realize the amount involved from the movable and immovable property of the judgment debtors as arrears of land revenue. On the basis of this order, further proceedings were started by the revenue agency for recovery of the amount. The auction notice was issued by Naib Tehsildar Settlement, Circle Shillai District Sirmaur on 29.12.2022.

2(v) In the aforesaid factual background, the judgment debtors have invoked supervisory jurisdiction under Article 227 of the Constitution of India praying for following substantive reliefs:-

“a) The order dated 27.09.2022 passed by the learned Motor Accident Claim Tribunal-II, Sirmour District at Nahan, H.P. may kindly be quashed and set aside as the same has been passed against the respondents on the basis of award (Annexure P-1) which is nullity in the eyes of law.

b) The certificate under Section 174 of M.V. Act issued by the learned Motor Accident Claim Tribunal-II, Sirmour District at Nahan, H.P. (Annexure P-3) vide dated 11.10.2022 may kindly be quashed and set aside.

c) The auction notice dated 29.12.2022 (Annexure P-5) issued by the Tehsildar Settlement Shillai may kindly be quashed and set aside in view of the facts and circumstances mentioned hereinabove in the interest of justice and fair play.”

3. Leaned Senior Counsel for the petitioners, who are the legal heirs of deceased Sh. Hira Singh,