# Auction of the old condemned Government vehicles

- **Citation:** C.L. No. 8/Admin
- **Court:** Allahabad High Court
- **Decided:** 1990-11-16
- **Case number:** C.L. No. 8/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/auction-of-the-old-condemned-government-vehicles-163366
- **Pages:** 2

## Text

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Auction of the old condemned Government vehicles
C.L. No. 8/Admin. (B-11) Section: Dated 18.03.2010

I am directed to invite your kind attention to the G.O. No. 1914/30-4-2002-38/90,
dated 5th August, 2002, on the above subject and to say that the Government order
provides for a 3-Member Committee to be appointed at the District level which is to
make arrangement for Auction of the old condemned Government vehicles.

I am further to say that since there is already a Government Order for disposal of
such vehicles, the procedure provided in the Government order dated 5th August, 2002
and other relevant Government Orders be adopted for disposal of old condemned vehicles
of the respective Judgeships. Intimation in this regard may be sent by the District Judges
to the High Court and in case if no objection is raised by the High Court with regard to
the auction proposed by the District Judge within one month, the District Judge shall
proceed to auction the old condemned vehicle (s) in accordance with the Government
Order dated 5th August, 2002 and other relevant Government orders. This procedure may
be adopted by the District Judges of all the districts of the State and they need not wait
for disposal of such vehicle(s) beyond a period of one month after having sent the
intimation to the High Court.
6.
MOTOR ACCIDENT CLAIMS
(i)
Payment of compensation amount to the party in Motor Vehicles Act cases.
C.L. No. 101/VIIf-69/Admn.(G) dated: November 16, 1990
I am directed to say that instances have come to the notice of the Court that the
amount of compensation in Motor Vehicles Act cases has been taken away by false
persons depriving the claimants of the said compensation to whom the actual amount is to
be paid. The Court has considered the matter and after consideration of the matter it has
decided that henceforth the amount of compensation awarded under the Motor Vehicles
Act should be paid by Crossed Cheque 'Account Payee only' in the name of party.
Kindly bring in the notice of all concerned the contents of this Circular letter for
information and strict necessary compliance.
Deprecation of practice by Accident claims Tribunals directing the Petitioners to
pay certain percentage out of the awarded amount to the counsels who represented
the petitioners in the form of payment of fee
C. L. No. 8/2006 : Dated : 21st February, 2007

In continuation of the Court's earlier Circular Letter No. 48/2006 dated,
01.11.2006 which propounded certain guidelines In respect of Motor Accident Claims
cases, I am directed to say that while passing order dated 22.11.2006 in Civil
miscellaneous Petition No.63537 of 2006 Smt. Niranjana Tiwari Vs. Rajiv Upadhyay and
Another, the Hon'ble Court has been pleased to communicate it's displeasure on practice
by presiding officers of the Motor Accident Claims Tribunals, of directing petitioners to
part away with certain percentage of the awarded amount in favour of the counsels who
pleaded the Petitioners case, in the form of payment of fee.
245
Therefore, I am to send herewith a copy of the order passed by the Hon'ble Court
in the above mentioned writ Petition with direction that the same be circulated among all
the Judges presiding over the Motor Accident claims Tribunals under your supervisory
control for their guidance and necessary action.
(ii)
Expeditious disposal of cases.
C.L No. 4/Admn. (A), dated January, 1990
It is a matter of common knowledge that a large number of cases for payment of
compensation under the Motor Vehicles Act are pending in each District. These cases
from their very nature require expeditious decision.
You can realise the agony of the parties by long delay in disposal of these cases.
It is only in the fitness of things that compensation to the injured should be provided
without undue delay. It is also in the interest of the Insurance Companies that such
disputes are settled quickly. These cases do not take long in disposal. The difficulty is
that in the absence of dates being fixed for hearing, they pile up and go on accumulating.
You may consider the desirability of distributing such cases amongst Additional
District Judges and at least ten cases per court should be got ready. Counsel for Insurance
Companies should also be requested for co-operation. It is true that private owners of
vehicles are also entitled to be heard, but the aforesaid suggestions are worth attempting
and will go a long way in quicker disposal of cases.
(iii)
Instructions of Hon'ble Mr. Justice B.L. Loomba, Executive Chairman, U.P.,
Legal Aid & Advice Board relating to achieve commandable results in
disposal of Motor Accident Compensation Claims (MAC. Claims) through
Lok Adalat in U.P. in his letter No. D.O. No. 152/PS/LAAB/ 177-A/91 dated
3.8.1995.
C.L. No. 35/VIId-108/Admn. 'G', dated September 5,1995

I am directed to send herewith a copy of D.O. No. 152/PS/LAAB/177-A/91 dated
3.8.95 of Hon'ble Mr. Justice B.L.Loomba, Executive Chairman, U.P. Legal Aid &
Advice Board on the above subject for compliance.
I am, further to request you kindly to bring the instructions contained in the
aforesaid letter to the notice of all concerned.
D.O. No. 152/PS/L.AAB/177-A/91 of Justice B.L. Loomba (Retd), Executive
Chairman, U.P. LEGAL AID & ADVICE BOARD, Jawaher Bhawan Lucknow, dated
August 3, 1995.
A copy of the statement received from the 'CILAS' which gives comparable
figures of disposal of Motor Accident Compensation Claims (MAC Claims) through Lok
Adalats in the various States of the country is enclosed. As would appear there from, such
disposal in this State is far below of what it is in the states like Andhra Pradesh, Gujarat,
Karnataka, Madhya Pradesh & Tamil Nadu. No doubt, total disposal of cases of all these
categories put together through Lok Adalats in this State is highest in the country,
nevertheless a lot more needs to be done in regard to MAC Claims and this is what is
occasionally pointed out to us by the 'CILAS' a1so.