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SMT GHISI v M A C T AND ORS - CW Case No. 52 of 2007  RD-RJ 4755 (24 September 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. Writ Petition No.52/07
Smt. Ghisi Vs. MACT & Ors. 24.9.2007
Hon'ble Mr. Justice Mohammad Rafiq
Shri Sanjay Gangwar for petitioner.
Shri Tej Prakash Sharma for respondents.
The petitioner has challenged the order dated 27.4.2005 whereby an amount of
Rs.1,60,000/- has been awarded as compensation to the claimant, out of which
Rs.50,000/- has been awarded as interim compensation, but a condition was imposed to the effect that the claimants can withdraw the remaining amount of compensation i.e. Rs.1,10,000/- only on production of security from the owner and driver of the vehicle.
Challenge was made on similar grounds to the condition requiring the claimants to submit solvent security from the owner of the vehicle in number of similar writ petitions in the past. Co- ordinate benches of this Court in Smt. Rama & Balwant Singh, S.B. Civil Writ Petition
No.71/06, Banwari Lal Vs. Gopi Ram, S.B.
Civil Misc. Appeal No.481/05, Sheoji Ram
Mali Vs. The Judge, ADJ (F.T.) No.7, Jaipur & City & Ors., Kumari Nargis Vs. Karan
Singh & Ors., S.B. Civil Misc. Appeal
No.356/05 & Manju (Smt.) & Ors. Vs. Addl.
District & Session Judge & Ors. and by this
Court in Smt. Uganti Devi & Ors. Vs. MACT,
Jaipur City & Ors., S.B. Civil Writ
Petition No.2999/07 has held that the aforesaid condition is unreasonable and unjustified and therefore that was waived.
Learned counsel for the respondent submits that the direction for deletion of the aforesaid condition would prejudice their case in appeal which the insurance company may file against the aforesaid award. His apprehension appears to be wholly unfounded because the release of the amount as per the award in question would always be subject to interim order that may be passed in appeal.
Having gone through the aforesaid judgments, I find myself in agreement with the view taken therein. The condition of making the payment of compensation to the claimants to depend upon the factum of security being furnished by the owner of the vehicle involved in the accident can neither be said to be justified nor reasonable.
The impugned condition is therefore ordered to be deleted and it is directed that the amount of compensation shall be forthwith released to the claimants subject to the scheme of investment etc. evolved by the Tribunal in the award.
The writ petition is accordingly allowed.
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