1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.7677/2009 Vijendra Sharma Versus Mohd.Aslam and others DATE OF ORDER --- August 19, 2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Gaurav Gupta,for the petitioner BY THE COURT (1) By this writ petition, the petitioner has challenged the order dated 16/1/2009 whereby an amount of Rs.99,433/- has been awarded as compensation, but a condition was imposed to the effect that the claimant can withdraw the amount of compensation only on production of security from the owner of the vehicle. (2) Submission of counsel for the petitioner is that the imposition of the condition of submission of security is contrary to the various judgments of this Court. (3) Challenge was made on similar grounds to the condition requiring the claimant to submit solvent security from the owner of the vehicle in number of similar writ petitions in the past. Coordinate benches of this Court in Smt. Rama & Balwant Singh, SBCWP No.71/2006, Banwari Lal V.Gopi Ram (SB Civil Misc.Appeal No.481/2005), Sheoji Ram Mali V.The Judge, ADJ (F.T.) No.7, Jaipur City & ors. Kumari Nargis 2 V.Karan Singh & Others(SB Civil Misc. Appeal No.356/2005) and Manju (Smt.) and others V. ADJ and by this Court in Smt.Uganti Devi and others V. MACT, Jaipur City and others (SBCWP No.2999/2007) wherein it was held that the aforesaid condition is unreasonable and unjustified and therefore, that was waived. (4) I have gone through record of the writ petition and further considered submission of the counsel. (5) I find myself in agreement with the view taken in the aforesaid judgments. The condition of making the payment of compensation to the claimant 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. (6) The impugned condition in order dated 16.1.2009 is, therefore, ordered to be deleted and it is directed that the amount of compensation shall be forthwith released to the claimant subject to the scheme of investment etc. evolved by the Tribunal in the Award. The writ petition is accordingly allowed. (Prem Shanker Asopa)J.