Ujjawal Mondal vs M/S United India Insurance Co. Ltd
2022 Latest Caselaw 4438 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                W.P. (C) No. 3710 of 2019
                         ........

Ujjawal Mondal                         ....   ..... Petitioner
                              Versus
M/s United India Insurance Co. Ltd. ....      ..... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner : Mr. Sanjay Prasad, Advocate.

For the Respondent                  :
                                ........

The matter is being taken up through Video Conferencing. Learned counsel for the petitioner has no objection with it and submitted that the audio and video qualities are good.

06/07.11.2022.

Heard, learned counsel for the petitioner, Mr. Sanjay Prasad. The owner of the vehicle, Ujjawal Mondal, son of Sri Jari Mondal, resident of Village - Asanbani, P.O. - Bhitia, P.S. - Govindpur, District - Dhanbad has preferred this writ petition for quashing the order dated 16.04.2019 passed by learned District Judge-VIII, Dhanbad in Execution Case No. 95/2018, whereby in a Motor Vehicles Accident Claim Case, an award has been passed with regard to amount of Rs. 11,38,554/- to be paid by the petitioner, the owner of the vehicle.

Learned counsel for the petitioner has submitted, that the court below has disposed of his application with a direction passed under Section 174 of the Motor Vehicles Act, where recovery of money from insurer as arrear of land revenue has been discussed and it has been stated that where any amount is due from any person under an award, the Claim Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.

From record, it is evident that judgment debtor / opposite party, Ujjal Mondal has not paid awarded amount to the decree holder / applicant, M/s United India Insurance Co. Limited, therefore, the executing court has directed the office to issue certificate for realization of the awarded amount of Rs. 11,38,554 to the Collector, Dhanbad and Collector will proceed to recover the same in the same manner as arrear of land revenue under intimation of the Court.

After some argument, learned counsel for the petitioner has submitted, that he wants to withdraw this writ petition.

Considering the impugned order, the writ petition is hereby dismissed as withdrawn.

The Collector, Dhanbad is directed to execute the order and inform the executing court within a period of 30 days from the date of communication of order.

Let a copy of order be communicated to the learned Executing Court as well as the Collector, Dhanbad through FAX / E-mail.

(Kailash Prasad Deo, J.) Sunil/-