Allahabad High Court
Ashraf Ali vs Motor Accident Claim ... on 21 June, 2021
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- WRIT - C No. - 765 of 2021
Petitioner :- Ashraf Ali
Respondent :- Motor Accident Claim Tribunal/1st Additional District Judge And 6 Others
Counsel for Petitioner :- Anil Kumar Bajpai
Hon'ble Suneet Kumar,J.
The Court convened through video conferencing.
Heard learned counsel for the applicant.
By means of the instant petition, petitioner seeks the following reliefs:
"a) Issue a suitable order or direction to set aside the entire proceedings of Execution Case instituted on 13.08.2019 bearing Misc. No. Nil/74/2020 (Chhoti Bitti Versus Ashraf Ali) under section 174 of Motor Vehicle Act arising out of judgment and award/decree dated 09.07.2019 passed by the M.A.C.T./ Additional District Judge, Court No. 1, Kanpur Nagar in Motor Accident Claim Petition No. 864 of 2013 (Smt. Chhoti Bitti and 5 others Versus Ashraf Ali);
b) Issue a suitable order or direction to direct the MACT/Additional District Judge, Court No. 1, Kanpur Nagar, to decide the petitioner's application under Order IX Rule 13 C.P.C. bearing Misc. No. 106/74/2020 within stipulated period of time and till then order of recovery passed in Execution Case No. Nil/74/2020 be stayed."
It is not in dispute that award dated 09.07.2019 came to be passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No. 1, Kanpur Nagar, awarding Rs. 11,64,048/- at 7% interest, thereon. The applicant/debtor moved an application under Order IX Rule 13 C.P.C. to recall the decree alleging that no notice was served upon him, further, alleging that the award/decree was obtained by fraud, as the vehicle was not involved in the alleged accident. After investigation, the concerned police authorities have filed final report (closure report) to that effect. Now, by means of this petition, petitioner, indirectly, seeks stay of the award/decree dated 09.07.2019.
On specific query, learned counsel for the applicant submits that appeal against the award has neither been preferred by the applicant nor any awarded amount/security satisfying the money decree has been deposited.
In the circumstances, this Court is not inclined to interfere with the proceedings as the learned counsel for the petitioner failed to point out any jurisdictional error. It is always open to the applicant to raise and press the grounds taken herein before the tribunal being questions of facts and law.
The petition is, accordingly, dismissed. However, dismissal of the petition shall not preclude the petitioner from making any appropriate expedite application. In the event, such an application is made, the court shall make an endeavour to decide the application being Misc. application No. 106/74 of 2020 filed under Order IX Rule 13 pending before Motor Accident Claim Tribunal/Additional District Judge, Court No. 1, Kanpur Nagar, expeditiously preferably, within three months, without granting unnecessary adjournment to either of the parties, provided there is no other legal impediment.
Order Date :- 21.6.2021
K.K. Maurya
