- (1.) Heard Sri Amresh Sinha, learned counsel appearing for the petitioner and perused the record.
(2.) In a motor accident, one Kapoor Kahar received fatal injuries and consequently, the widow, minor children and parents of the deceased filed a Claim Petition No.35 of 2001 before the Motor Accident Claims Tribunal. The Motor Accident Claims Tribunal passed an award in favour of the claimants, granting compensation of Rs. 1,70,000/-, which was to be paid by the petitioner-insurer, with the liberty that the insurer could realize the same from the insured.
(3.) The case of the petitioner is that after the passing of the award, they have already filed an application under Section 174 of the Motor Vehicle Act 1988 for realization of the said amount from the insured, and after the same is realized, they shall make the payment to the claimants. In the meantime an application under Section 174 of the Motor Vehicle Act 1988 for realization of the said amount from the insured, and after the same is realized, they shall make the payment to the claimants. In the meantime an application for execution of the award has also been filed by the claimants. By its order dated 15.2.2006 passed by the Motor Accident Claims Tribunal, the application filed by the claimants has been allowed and a direction has been issued for realization of the awarded amount from the petitioner-insurer.;