Allahabad High Court
Mohan Yadav vs Smt. Kamlesh Yadav And 2 Others on 7 November, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 29536 of 2019 Petitioner :- Mohan Yadav Respondent :- Smt. Kamlesh Yadav And 2 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- Ajay Singh Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Ajay Singh for the third respondent.
This petition impugns the order of 02 February 2019 pursuant to which the Motor Accident Claims Tribunal has directed for release of part of the amount which was awarded in favour of the petitioner while the balance has been directed to be placed in an interest bearing security of a nationalised bank subject to security being furnished by the vehicle owner.
Although learned counsel has sought to assail that order, it becomes pertinent to note that no legal challenge has either been raised nor has any error been pointed out in the order impugned. The main grievance of the petitioner is that the amount which has been placed in an interest bearing security has not been released in favour of the petitioner as a consequence of the vehicle owner not appearing before the executing court. That circumstance alone would not warrant the invocation of Article 226 of the Constitution since the onus of ensuring the recovery of the amount which was awarded lies entirely with the executing court. This Court while exercising its jurisdiction under Article 226 of the Constitution cannot take on the mantle of executing the award which has been rendered. The Tribunal stands sufficiently empowered to ensure recovery of the amount awarded.
Consequently the petition fails and is dismissed.
Order Date :- 7.11.2019/faraz