174 mv act

IRSHAD ANSARI 8354 (Querist) 15 July 2022 This query is : Open
सर्
मोटर एक्सीडेंट क्लेम में वाहन के स्वामी के खिलाफ आर्डर पास हुआ है।रिकवरी सर्टिफिकेट कोर्ट द्वारा जारी हुआ।कलेक्टर के यहां से यह जवाब आया कि वाहन स्वामी की मृत्यु हो गयी है।वाहन स्वामी के नाम से जमीन है।क्या कोर्ट जमीन को कुर्क करने का आदेश दे सकती है।कोई रूलिंग है।

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This discussion concerns a motor accident claim where an order was passed against the vehicle owner, and a recovery certificate was issued. The Collector's office responded that the owner has passed away but owns land. The query asks if the court can order the seizure of this land to recover the awarded amount. The consensus is that the compensation is recoverable from the deceased owner's estate via their legal representatives.

Dr J C Vashista (Expert) 17 July 2022
Of course the the awarded amount is recoverable from estate of judgment debtor/owner of vehicle through his / her legal representative(s).

P. Venu (Expert) 17 July 2022
Why claim from the owner of the vehicle? In the normal and ordinary course awards in motor accident claims are required to be fulfilled by the Insurance Company.

Moreover, how Collector is involved in recovery? It appears that facts and issue are misconceived.

K Rajasekharan (Expert) 17 July 2022
I could not make out the query as being in Hindi but from the answers I learned that the matter is about claiming compensation.

Therefore, I link below my write up on Motor Vehicle Compensation, which I prepared by spending some time on it, hoping that it would be some use.

It is available at https://lawwatch.in/claim-of-compensation-by-victims-in-road-accidents/

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