IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 CRP.No. 279 of 2008() --------------------- AGAINST ORDER DATED 25/01/2008 IN E.P.NO.426/2003 IN MC(OP.) 37/1995 of I ADDL.SUB COURT, KOZHIKODE .................... REVN. PETITIONER/JUDGMENT DEBTOR : ------------------ M/S.KERALA STATE INSURANCE DEPARTMENT, PUTHIYARA,CALICUT. BY SMT.R.BINDU, GOVERNMENT PLEADER RESPONDENTS/DECREE HOLDER: ------------- SMT.SUBBATHAL,W/O.NANJAPPA GOUNTER, RESIDING AT 291,LAKSHMI NILAYAM NARASIMUKKU, P.O.AGALI, ATTAPPADI. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.279 OF 2008 ===================== Dated this the 26th day of March 2008 O R D E R This revision petition is preferred against the order of the Ist Addl.Sub Judge, Kozhikode, whereby he had issued warrant of attachment in E.P.No.426 of 2003 in MC(O.P.)No.37 of 1995. A perusal of the memorandum of revision would reveal that the Motor Accidents Claims Tribunal(Sub Court), Coimbatore has directed the State Insurance Department to pay an amount of Rs.4 lakhs with future interest at 18% per annum from the date of petition till realisation to the respondents. The E.P has been transferred for execution and the relevant rule regarding enforcement of an award of the Claims Tribunal under the Kerala Motor Vehicles Rules is Rule 394. It empowers the Tribunal to execute the award with all the powers of a civil court. So far as this case is concerned, the challenge is whether the Sub Judge, Kozhikode has got jurisdiction to entertain an execution of the award passed by a Motor Accidents Claims Tribunal. Learned counsel would contend that the remedy was, if at all available, to transfer it to the M.A.C.T., Kozhikode for execution. I do not CRPs 1918 & 1919/2003 -:2:- agree wit the said argument for the reason that Section 39(2) of the C.P.C makes it very clear that it can be sent for execution only to any court of subordinate jurisdiction. So far as Kerala is concerned, the M.A.C.Ts are presided over by District Judges whereas in the State of Tamil Nadu, it is presided over by Sub Judges. A Subordinate Judge cannot transfer his decree for execution to the District Judge for the reason that it is a case of superior jurisdiction. Therefore the action of the learned Sub Judge, Kozhikode is in order and it cannot be interfered with. But, being an instrumentality of the State in the form of State Insurance Department, I hope and wish that they will satisfy the award which is given to the legal representatives of a poor claimant in an accident which has taken place in 1995. In order to enable the department to make the payment, I direct the executing court to give them two months' time and not to effect attachment till the expiry of two months. C.R.P is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-