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S.B. Civil Misc. Appeal No.2690/2007
Chandu Lal. vs. Devi Lal & Ors.
S.B. Civil Misc. Appeal No.2690/2007
Chandu Lal. vs. Devi Lal & Ors.
Date : 12.11.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.Shambhoo Singh, for the appellant.
Mr.UCS Singhvi ) for the respondents.
Mr.Sanjay Mathur )
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At the request of learned counsel for the parties,
the appeal itself is heard finally.
The only grievance of the appellant/claimant is
that the Motor Accident Claims Tribunal, Dungarpur in
the impugned award dated 8.12.2006 passed in MACT Case
No.146/2002, has put a condition that the compensation
amount, which initially will be paid by the insurance
company, will be paid only after obtaining security
from the owner of the vehicle.
According to learned counsel for the appellant,
the insurance company has already deposited the cheque
in the Tribunal but the amount has not been released to
the claimant because of the reason that the insurance
company could not obtain the security from the owner of
the vehicle.
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S.B. Civil Misc. Appeal No.2690/2007
Chandu Lal. vs. Devi Lal & Ors.
The award was passed on 8.12.2006. The claimant
cannot be denied the benefit of award for indefinite
period because of no fault of the claimant or because
of the fault of the owner of the vehicle or even
because of the fault of the insurance company in
getting the amount recovered from the owner or failing
in obtaining the security from the owner.
In the present appeal, since the owner has put in
appearance, it is directed that the owner shall submit
the security or deposit the actual amount which is
awarded by the Tribunal vide order dated 8.12.2006,
which may be paid to the insurance company.
The amount which has been found reasonable
compensation for the claimant, cannot be withheld and,
therefore, it is directed that the amount which has
been deposited by the insurance company in the Tribunal
be paid to the appellant/claimant forthwith and that
too without waiting for the security to be submitted by
the owner of the vehicle.
Consequently, this appeal is allowed.
(PRAKASH TATIA), J.
S.Phophaliya