Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 08.06.2018 in Execution Case No. 17 of 2018 is under challenge.
(2.) Admittedly, an award has been passed under the Title (M.V.) Claim Case No. 271 of 2013 on 17.02.2016 but it is the case of the petitioner that the said award has not been challenged under its appellate jurisdiction, as such, the execution case cannot be interfered with, since the execution case has filed for executing the decree passed by the competent court, having its jurisdiction, therefore, when an application was filed by the petitioner for quashing the execution case, the same has been rejected vide order dated 08.06.2018 but the District Judge-III Dhanbad cum- Motor Vehicle Accident Claim Tribunal, Dhanbad by applying the provision as contained under Section 174 of the Moter Vehicle Act, 1988 has rejected the same, against which, this writ petition has been filed.
(3.) It is not in dispute that the execution proceeding is for executing the decree or award, since the matter pertains to the Motor Vehicle Act, wherein specific provision made under the provision of Section 174 of the Motor Vehicle Act, 1988 against which the petition has been filed by the insurance company for execution of the award dated 08.06.2018 wherein the order has been passed in terms of provision of Section 174 of the Motor Vehicle Act, 1988.;