AIR 2009 KERALA 133 ::2009 (6) All LJ NOC 1053 ::2009 (6) ALJ 1053 ::2009 (2) AJHAR (NOC) 408 (KER) ::2010 (1) AIR Kar R 30 ::2009 A I H C (NOC) 717 (KER) ::(2009) 2 ACC 765 ::(2009) 1 CivilCourtC 25 ::2009 (4) ACJ 2704 ::(2009) 2 TAC 628 ::(2009) 2 BankCas 214 ::(2008) 4 Ker LT 649 ::(2009) 1 Ker LT 982 ::(2008) 3 Ker LJ 579 ::(2009) 1 Ker LJ 757 ::(2009) 73 AllIndCas 398 (KER) ::(2008) ILR(ker) 4 KER 296

Kerala High Court

Hon'ble Judge(s): K. Balakrishnan Nair, M. L. Joseph Francis , JJ

Motor Vehicles Act (59 of 1988) , S.174, S.176— Kerala Motor Vehicles Rules (1989) , R.394— Civil P.C. (5 of 1908) , S.60— Execution of award of Accident Claims Tribunal - S.174 of Act contemplates only one method viz. recovery of money from insurer as arrears of land revenue - Recovery having been made as provided u/S.174 of Act alternative method provided in R.394 of Kerala M.V. Rules by availing benefit of S.60(1)(c) of Civil P.C. - Is not permissible. Section 174 of Act contemplates only one method of execution of the award, that is, by issuing a certificate to the revenue recovery authorities for recovering the amount due under the award, as if it is arrears of revenue. But, Rule 394 of the Kerala Motor Vehicles Rules provided an alternative method for recovery of the award amount. It says that the award can be executed as if it is a decree passed by the concerned court and while executing the award, the Tribunal will have all the powers of a civil court under the Code for the execution of the decree. The above Rule is framed by virtue of the power conferred on the Government u/S. 176 of the Motor Vehicles Act. Where Tribunal has followed the main method provided u/S. 174, instead of taking recourse to the alternative method provided u/R. 394. Therefore the provisions of Civil P. C. have no application. Court cannot compel the Tribunal to follow the alt....