Execution of Motor Accidents Claims Tribunal awards is akin to civil decrees, subject to appeal regarding insolvency declarations.

ORDER

12.08.2025

01. The Motor Accidents Claims Tribunal, MACT Anantnag, by virtue of an award dated 29.08.2014, came to grant compensation of an amount of Rs. 14,10,655/- along with interest at the rate of

6% per annum from the date of institution of the claim petition on file No. 100/ Claim of 31.12.2005

02. The compensation was awarded in favour of the respondents No. 1 to 6 herein as being the dependents of deceased-Bashir Ahmad Ahanger, who was knocked down by a scooter driven and owned by the appellant.

03. The liability to pay the compensation was squarely fastened upon the appellant herein, as being the driver and owner of the offending scooter, to wriggle out of which the appellant preferred an application on file No. 46/M on 11.09.2015 before the MACT, Anantnag as being a petition under Order 21-A of the J&K Code of Civil Procedure Svt, 1977 for declaring him insolvent being not in a position to pay and discharge the liability so fastened upon him by MACT, Anantnag.

04. Said application of the appellant has come to suffer rejection in terms of an order dated

06.04.2018.

05. The Motor Accidents Claims Tribunal, MACT Anantnag in its order dated 06.04.2018 has observed that against the said award, the appellant had also preferred an appeal under Section 173 of the Motor Vehicles Act , 1988 wherein the award has been challenged on merits without any whisper of reference to his alleged insolvency status.

06. It is against the said outcome that the appellant has come forward with a civil miscellaneous appeal.

07. Section 169 of the Motor Vehicles Act , 1988 envisage execution of an award passed by a Motor Accidents Claims Tribunal, under the Motor Vehicles Act , 1988 as being a decree for payment of money passed by a civil court in a civil suit.

08. Order 21-A of the Code of Civil Procedure Svt

1977 provides for the declaration of a judgment debtor in a money decree as an insolvent.

09. An order passed by the Court under Order 21-A of the Code of Civil Procedure Svt 1977, while exercising insolvency jurisdiction is made appealable under Order 43 Rule 1 (JJ) of the Code of Civil Procedure Svt 1977.

10. It is in this context that the present appeal is on the docket of this Court with effect from

03.05.2018.

11. On behalf of the claimants/dependents 1 to 6, Advocate Mr. P.S. Ahmad has caused his appearance.

12. This Court in terms of an order dated

22.08.2022 had called upon the learned counsel for the appellant to address the issue of maintainability of the appeal in the context of application of Order

21-A of J&K Code of Civil Procedure Svt 1977.

13. The Motor Accidents Claims Tribunal, MACT Anantnag in its impugned order has referred to the fact that against the award dated 29.08.2014, there was an appeal preferred by the appellant before this Court, but there is no reference in the present memo of appeal made from the appellant’s end with respect to his said appeal and this aspect needs to be cleared first by the appellant on the next date of hearing.

14. In view of the absence of counsel for the appellant, this Court is not in a position to pass on the direction for apprising this Court about the status of the said appeal.

15. Await appearance of the counsel for the appellant.

16. List again on 20^th of August, 2025. In the event of non-appearance of counsel for the appellant, the record summoned from the Motor Accidents Claims Tribunal, Anantnag, related to execution of the award shall be sent back for resumption of the execution proceedings.