2025:HHC:20705 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 42 of 2025 Date of decision: 1 .7 .202 5 Dewan Parivahan. ….Petitioner. Versus New India Assurance Company. ….Respondent. Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner : Mr.Arun Sehgal, Advocate. For the Respondent : Mr.Raman Sethi, Advocate. Vivek Singh Thakur, Judge (Oral) Petitioner has approached this Court against order passed by the Executing Court without taking into consideration the documents, i.e. Driving Licence and Route permit etc. being produced by owner before the Executing Court for absolving the owner from his liability and to fasten the liability upon the Insurance Company. 2. In present matter in a Claim Petition, MACT has awarded compensation in favour of claimant with direction to the Insurance Company to pay, but with right to Insurance Company to recover the said amount from the owner, i.e. petitioner. After making payment to the claimant, Insurance Company has instituted Execution Petition No. 889 of 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2025:HHC:20705 Civil Revision No. 42 of 2025 2022 before the MACT, Kangra. It has been claimed that during pendency of Execution Petition, petitioner-owner of the vehicle involved in the accident has produced all documents which were valid on the date of accident, but Executing Court without taking into consideration these documents intended to proceed further against the owner for recovery of the amount of compensation paid by the Insurance Company to the claimant. 3. Documents have been placed by the owner of the vehicle (JD) before the Executing Court alongwith objections, but the objections are pending adjudication before the Executing Court. 4. It is undisputed that in similar facts and circumstances, Supreme Court has passed judgment dated 17.4.2023 in Civil Appeal No. 2961 of 2023, titled as Suresh Kumar Chopra Vs. The Oriental Insurance Company Ltd. & others, operative portion whereof reads as under:- “However, since we have indicated that the Insurance Company will have to pay and recover the amount, liberty is reserved to the appellant-owner to rely upon such documents in the recovery proceedings when the Insurance Company pays and makes demand from the appellant. If an execution for recovery of the said amount is filed thereafter, the Executing Court shall take note of the said documents render a finding of fact and thereafter arrive at its conclusion as to whether the recovery should be permitted or the owner should be given the benefit of the said documents, if proved to be genuine. With the said observations and direction the appeal stands disposed of. 2 2025:HHC:20705 Civil Revision No. 42 of 2025 All contentions of the parties are left open in relation to the said documents to be urged before the Executing Court.” 5. As agreed by learned counsel for the parties, present petition alongwith applications is disposed of with direction to the Executing Court to consider and decide the objections in light of aforesaid judgment of the Supreme Court passed in Civil Appeal No. 2961 of 2023 for determining the liability or exonerating from liability of the owner of the vehicle after giving opportunity to the parties to lead evidence to prove or disprove the genuineness of documents being relied upon by the owner. Untill consideration and deciding the objections in aforesaid terms, warrant of attachment shall not be executed against the owner. 6. Parties are directed to appear before the Executing Court on 21st July, 2025 and thereafter Executing Court shall proceed further in accordance with law. 7. Needless to say that interim protection upon continuation of proceedings before the Executing Court also stand vacated in aforesaid terms. The petition stands disposed of alongwith pending applications. (Vivek Singh Thakur), 1st July 2025 Judge. (Keshav) 3