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Suri.Sravan Kumar (senior)     06 December 2010

recovery proceedings under M.V.Act

174. Recovery  of money  from insurer  as arrear of land revenue. Where any  amount is  due from  any person  under an award, the Claims 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.

The above section is says about the recovery of money from the insured as arrears of land revenue and its content goes to show that if any amount is due from any person under as award, on application made to the court by the person who was entitled, issue a certificate for the amount to the collector and the collector shall proceed to recover the same in the form of arrears of land revenue.

In the above context, i would like to raise some issues for your opinion

1) Can  we also file the same in all pay and recovery awards to issue a certificate for the amount which was due to the collector and to direct the collector to recover the same in the manner as arrear of land revenue?
2) Was there any apex court judgments in the above context?
3) What will be draft format of the pitition proposed to be filed?.
4) Can the court direct the district collector who is not in their court jurisdiction in the cases where the Insured residing in some other district.

Request you to provide your opinion and draft vetted format of the pitition which is proposed to be filed

Request your kind co-operation in this regard

 



 2 Replies


(Guest)

Kindly read the following provisions.

176. Power of State Government to make rules.

A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:-

(a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such application;

(b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter;

(c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal;

(d) the form and the manner in which and the fees (if any) on payment of which an appeal may by preferred against an award of a Claims Tribunal; and

(e) any other matter which is to be, or may be, prescribed.
So each state has separate procedures to collect the money as per award.
Generally the award is treated as a decree and it can be executed by the civil courts  like arrest, attachment, sale.   so confirm with your state amendments. 

barnali chakraborty (advocate)     07 August 2012

piease send me the answers of these questions,it will be very useful in one my case.

                                                                                                                    Barnali Chakraborty

                                                                                                                                       Advocate

                                                                                             Purulia District & Sessions Court.


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