C.R. No. 6483 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- C.R. No. 6483 of 2010 (O&M) Date of decision:- 5.10.2010 Nand Lal Chandel ... Appellant Versus United India Insurance Co. Ltd. & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.S.Sudan, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. It has been submitted by learned counsel for the petitioner that MACT did not grant ex-parte stay on the application moved by the petitioner for the stay of the execution proceedings in pursuance of the execution of the award dated 2.2.2008 permitting respondent No.1- insurance company to recover the amount of the award, already deposited by it in the Tribunal for payment to the claimants, from him. Certificate was issued under Section 174 of the Motor Vehicles Act, 1988 by the MACT to the Collector for the recovery of the amount so deposited by the insurance company in pursuance of the award for payment to the claimants, from the petitioner/owner of the offending vehicle. It is in pursuance of that certificate that the recovery is being affected. The main grouse of the petitioner is that certificate so issued by the Tribunal is being executed by the Collector by the arrest and detention C.R. No. 6483 of 2010 (O&M) -2- of the petitioner without following the due course of law. The Collector is not to recover the amount in dispute in execution of the certificate so issued by the Tribunal by arrest and detention of the petitioner without resorting the due process of law. The petition is disposed of accordingly. October 5, 2010 (Gurdev Singh) tripti Judge