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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
| Table of Content |
|---|
| 1. claim awarded; insurance to pay and recover from owners (Para 1 , 2 , 3 , 4) |
| 2. dispute on execution maintainability and limitation (Para 5 , 6) |
| 3. execution maintainable without separate suit per fao (Para 7 , 8 , 9) |
| 4. 12-year limitation bars delayed recovery execution (Para 10 , 11 , 12 , 13) |
| 5. impugned order set aside as time-barred (Para 14) |
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.88-Exe/10 of 2017.
2. Brief facts necessary for the adjudication of this petition are that Smt. Satya Devi and others 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. Sahi Ram in a Motor Vehicle Accident Claims Tribunal.
3. The claim petition of Satya Devi and others 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.2,49,500/- in favour of
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.
Execution petitions under the Motor Vehicles Act are subject to a 12-year limitation period, and failure to comply renders them invalid.
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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