Pushpa Mishra and Others vs Motor Accidents Claims Tribunal and Another

Shiv Kumar Sharma, J.—Claimant-petitioners seek to quash the order dated 16.3.2004 passed by learned Motor Accident Claims Tribunal-cum-Additional District Judge No. 8, Jaipur City, whereby the execution application filed by the petitioners under Order 21 Rule 11, CPC was forwarded so District Collector, Jaipur u/s 174 of the Motor Vehicles Act for recovery.

Mr. Akhil Simlote, learned Counsel for the petitioners canvassed that the award of the Motor Accident Claims Tribunal is treated to be a decree of Civil Court and the application, under Order 21, Rule 11, Civil Procedure Code, 1908, is maintainable since the said provisions are made applicable by virtue of Rule 10.28 of the Rajasthan Motor Vehicles Rules, 1990. In support of the contention, the learned Counsel placed reliance on Smt. Sarmaniya Bai and Others Vs. Madhya Pradesh Rajya Parivahan Nigam and Others, and Hirabhai Nanubhai Desai Vs. The State of Gujarat and Others,

Having brooded over the submissions, 1 find that the jurisdiction of the Claims Tribunal to enforce its award is not limited to only one method, namely issuance of certificate to the Collector for recovery of the amount due under the award as arrears of land revenue. The Tribunal possesses inherent jurisdiction k" enforce its own award in accordance also with the provisions of CPC as applicable to execution of orders and decrees passed by a Civil Court. A Full Bench of Madhya Pradesh High Court in Sarmaniya Bai v. Madhya Pradesh Rajya Parivahan Nigam (supra), indicated thus (para 23):

We are of the view that the Claims Tribunal possesses inheret jurisdiction to enforce its own award in accordance also with the provisions of CPC as applicable to execution of orders and decrees-passed by a Civil Court.

Learned Court below did not properly appreciate Rule 10,28 of die Rajasthan Motor Vehicles Rules, 1990 and dragged the claimants to the office of District Collector to follow a complicated and lengthy procedure. When Tie Claim; Tribunal possesses inherent jurisdiction to enforce its own award, the claimants could not be asked to follow another procedure.

For these reasons, 1 allow the writ petition and set aside the impugned order dated 16.3.2004, I remit the case to learned Motor Accident Claims Tribunal-cum-Additional District Judge No. 8, Jaipur City, to execute the award under Order 2; Rule 11, Civil Procedure Code,