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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Datta Ram – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed order dated 03.06.2023, passed by the learned Motor Accident Claim Tribunal-1, Sirmaur District at Nahan, Himachal Pradesh, in Execution Petition No.89-Exe/10 of 2017.
2. Brief facts necessary for the adjudication of this petition are that Sh. Man Dass had approached the Motor Accident Claims Tribunal by way of a claim petition under Section 166 of the Motor Vehicles Act seeking compensation on account of the death of Sh. Moti Ram in a Motor Vehicle Accident Claims Tribunal.
3. The claim petition of Man Dass was allowed by the learned Tribunal in terms of Annexure P-1 dated 30.10.1996. Learned Tribunal awarded compensation to the tune of Rs.50,000/- in favour of Man Dass.
4. It is a matter of record and not disputed that in the appeal that was preferred against the said award by the Insurance Company, this Court modified the award passed by the learned Tribunal to the effect that the Insurance Company was called upon to pay the amount at the first instance and thereafter recover the same from the owner of the vehicle. The petitioners before this Cou
Execution petitions under the Motor Vehicles Act are subject to a 12-year limitation period, and failure to comply renders them invalid.
Insurer's execution for recovering compensation from vehicle owner after appellate pay-and-recover direction is subject to 12-year limitation from appellate order; MV Act does not exempt it.
The Motor Vehicles Act's amendment removing filing time limits for claims indicates that genuine cases should not be dismissed on procedural delays, reflecting Parliament's intent to support accident....
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
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