1 S.B. CIVIL WRIT PETITION NO.4228/2007 Karana Ram vs The New India Assurance Co. Ltd. & Anr. DATE OF ORDER : - 30.7.2007 HON'BLE MR.PRAKASH TATIA,J. Mr.Rakesh Arora,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner's contention is that though by award dated 27th May, 2004, the petitioner was held liable but the petitioner was held liable jointly and severely with the Insurance Company, therefore, no certificate for recovery of the awarded amount could have been issued by the Motor Accident Claims Tribunal against the petitioner. Learned counsel for the petitioner also submitted that petitioner did not challenge the award dated 27th May, 2004 and so far as challenge by the Insurance Company to the award dated 27th May, 2004 is concerned, the appeal was dismissed by the Single Bench and the appeal is pending before the Division Bench, but there is no stay order in that D.B. Special Appeal against the recovery of the amount. The contention of the learned counsel for the petitioner since it has been mentioned in the award dated 27th May, 2004 that the 2 liability of the petitioner – the owner of the vehicle shall be joint and sever with the respondent Insurance Company, therefore, no recovery can be affected by the Insurance Company from the petitioner is devoid of an force and has been raised without any legal foundation. In view of the above, the writ petition of the petitioner is dismissed. (PRAKASH TATIA), J. c.p.goyal/-