MACT DARKHAST – recovery of the award amount

[Ullhas Patil]

Respected Sir,

Sorry for for incomplete information. Its motor accident claims tribunal case. In said case the Opponent has paid NFL amount. However the case is closed by court giving decision in our favor. An order is passed stating, Opponent should pay the ordered amount with 9% interest from date of filing the case and award is also drawn. Hence we have filed a darkhast to recovery said money. But the Opponent is not paying said money and does not have any movable / immovable property on his name. At this stage what should be our next step.

Best Regards,
Ullhas Patil

[Dr. Ashok Dhamija]

You can make an application to the Motor Accidents Claims Tribunal under Section 174 of the Motor Vehicles Act, 1988, and the amount can be recovered from the person concerned (against whom award is passed) by the Collector as an arrear of land revenue. This section is as under:

“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.”

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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