Hari Singh And Others vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Heard learned counsel for the parties.

The present writ petition has been filed against the order dated 28.01.2019 passed by the respondent No.3 - Sub Divisional Officer, Sri Dungargarh, District Bikaner.

Briefly the facts noted in the present case are that petitioners were respondents in a claim petition filed before the Motor Accident Claims Tribunal, Jodhpur being owner and driver of the offending vehicle. The Motor Accident Claims Tribunal vide judgment dated 25.01.2010, allowed the claim applications preferred by the claimants and directed the respondent – New India Assurance Company Ltd. to pay the awarded amount and recover the same from the present petitioners. The judgment dated 25.01.2010 passed by the Motor Accident Claims Tribunal was not challenged further by any of the parties and, therefore, it attained finality. Thus, the respondent - Insurance Company, after paying the awarded amount to the claimants along with interest, preferred an application under Section 174 of the Motor Vehicles Act r/w Order 21 Rule 10 C.P.C. for recovery of the amount from the present petitioners which was paid by them to the claimants. The learned Motor Accident Claims Tribunal initiated appropriate proceedings under the Land Revenue Act for recovery of the amount due from the petitioners in terms of Section 174 of the Motor Vehicles Act. It is in these circumstances the order dated 28.01.2019 was passed by the S.D.O, Sri Dungargarh, whereby the petitioners were directed to deposit the said amount within 15 days, failing which, the property of the petitioners will be attached and sold. This order dated 28.01.2019 is challenged by way of filing the present writ petition.

On 06.03.2019, this Court has granted the interim order to the petitioners in the present case.

Learned counsel for the petitioner submits that the petitioners may be granted a reasonable time to deposit the amount due and till the expiry of that period, the recovery proceedings undertaken by the SDO, Sri Dungargarh, District Bikaner may be kept in abeyance.

The submission made by learned counsel for the petitioners is not objected to by the learned counsel for the respondents, however, he submits that if the petitioners does not deposit the amount due within the stipulated period, the respondents will be free to take recourse to the proceedings from the stage the SDO has passed the order dated 28.01.2019.

In the circumstances, taking into consideration the fact that the petitioners belong to the rural background, the writ petition is disposed of with a direction to the petitioners to deposit the amount due with the respondent - Insurance Company within a period of six months and for the period of six months, the proceedings in pursuance of the order dated 28.01.2019 shall be kept in abeyance.

However, it is made clear that if the said amount is not deposited within a period of six months from today, the respondents will be free to take the process of recovery from the stage of passing the order by the SDO, Sri Dungargarh on 28.01.2019.

Stay application as well as other pending applications, if any, shall stand disposed of accordingly.