SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(MP) 1060

S.P.KHARE
Moti Bai – Appellant
Versus
Kapoor Chand @ Jamna Bai – Respondent


Advocates:
M. Hafizullah for petitioners; R.P. Khare for respondents.

JUDGMENT

This is a revision by the claimants against order dated 3.3.2000 of the 7th Additional Motor Accidents Claims Tribunal, Jabalpur in execution proceedings in claim Case No. 39 of 1981 by which it has been held that the application for execution of the award dated 3.8.1985 is barred by limitation.

The application for execution of the award has been filed on 5.9.1997.

According to Article 136 of the Limitation Act, 1963 limitation period is 12 years for the execution of any decree or order of any civil Court. The limitation is to be reckoned from the date of the decree or the date of the order. In this case, the award was passed on 3.8.1985 and, therefore, there has been delay of 35 days in filing the application for enforcement of the award.

The award passed by the Motor Accidents Claims Tribunal is enforceable by it. It has been held by the Full Bench of this Court in Sarmamiya Bai v. M.P. Rajya Parivahan Nigam, 1990 JLJ 386 = AIR 1990 M.P. 306 that the Claims Tribunal possesses inherent jurisdiction to enforce its own award in accordance with the provisions of the Civil Procedure Code as applicable to execution of orders and decrees passed by a Civil Court. Earlier i



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top