Anonymous
Asked June 29, 2016

Execution of Award and a Bad Lawyer

  • 2 Answers
  • 697 Views

: Background Motor Accidents Claims Tribunal Belgaum had passed an award of compensation in my favour in 2010, but my advocate did not inform me of the award and it remains unexecuted. Please let me know if- 1.I can still execute it / whether it is still within limitation period ? 2.Execution petition can be filed at Chikkodi court ( which is different from MACT ) 3.I can sue my advocate in Consumer Court for compensation for deficiency in service)? siddesh puthane

Answers 2

Dear Sir, you have to file execution petition before which court has been passed the said Award, the limitation period is 12 years from the date of Award to file execution case to execute the said Award. You do not blame your advocate because of it is also the duty of yours to check the status of case from time to time and to give required details to your advocate. ... best of luck... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

Agree Comment 0 Agrees over 1 year ago

According to S. 168(3) of the Moto Vehicles Act, 1988[1], when an award is made, the person who is required to pay that amount shall, within thirty days of the date of announcing the award, deposit the entire amount. In this case since it’s been so long from the statutory period, the first step you can take is to know the status of the case and the reason behind the order being unexecuted. It may either be a situation whereby the insurance company has failed to comply due to some miscommunication and agrees to pay the compensation amount once you bring it to their notice or that the company has filed an appeal against the order by MACT and you may be unaware of the same; if this is the case then the company is not liable to pay till the order for appeal is passed.

However, if you have not received the compensation amount due to the company’s intentional noncompliance with the tribunal order then you can file an execution petition. According to S. 38 of Code of Civil Procedure, 1908[2], (CPC) a decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution. Since, you have stated that Chikkodi court is different from MACT; the execution petition can be executed by Chikkodi court if it is sent for execution by MACT Belgaum.  Hence, you can approach the Chikkodi court for execution either if MACT may of its own motion send it for execution to any subordinate Court of competent jurisdiction, Chikkodi court or after filing an application for the transfer of decree by MACT Belgaum; MACT transfers the decree only in some exceptional cases, as provided by S. 39 of CPC[3]:

  • if the insurance company actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of the Chikkodi Court, or
  • if the company has no property within the local limits of the jurisdiction of the MACT to satisfy such decree and has property within the local limits of the jurisdiction of Chikkodi court, or
  • if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the MACT, or
  • if MACT, Belgaum, considers for any other reason, which it shall record in writing, that the decree should be executed by the Chikkodi court.
  • According to S. 168(2) of Motor Vehicles Act, 1988[4], the Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. In this case, though your advocate, as a service provider, had a virtual duty of informing you or communicating to you the status of your case, but the legal obligation lied upon MACT. You may file a complaint against your advocate before the District Forum[5], or the State Commission[6] or the National Commission[7], based on their respective jurisdictions and the present case. However, this might be an extremely expensive and time consuming procedure.

    Note:-

    To initiate a consumer case against the advocate, the first step is to establish you as a consumer and to prove that there has been deficiency of service on the part of the advocate. 

    As per Consumer Protection Act, 1986[8], a consumer is any person who avails any service for a consideration. In this case, you are availing your advocate’s service of providing maximum assistance for success of your case, clearly establishing you as a consumer of the advocate in question.

    “Deficiency” in service is any inadequacy in relation to any service. [9] In this case, the advocate has not adequately provided his service by failing to intimate you regarding the status of the case and also by failing to establish any further communications with you to make sure that you receive your due compensation amount, your main objective behind hiring his service. Hence, it can be evidently established that there has been deficiency of service on the part of your advocate.

     

     

     

     

     

    [1] Available at:  https://indiankanoon.org/doc/41160316/.

    [2] Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/38.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Court%20by%20which%20decree%20may%20be%20executed.

    [3] Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/39.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Transfer%20of%20decree.

    [4] Available at: https://indiankanoon.org/doc/41160316/.

    [5] S. 11 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1094200/.

    [6] S. 17 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1749394/.

    [7] S. 21 of Consumer Protection Act, 1986, Available at: https://indiankanoon.org/doc/86602/.

    [8] S. 2(1)(d); Available at: https://indiankanoon.org/doc/1516524/.

    [9] S. 2(1)(g) of Consumer Protection Act, 1986.

    Agree Comment 0 Agrees over 1 year ago

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