1 S.B. Civil Misc. Appeal No.232/2008 Sakru & Anr. vs. Madan @ Munna & Ors. S.B. Civil Misc. Appeal No.232/2008 Sakru @ Anr. vs. Madan @ Munna & Ors. Date : 10.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.S Saruparia, for the appellant. Mr.TRS Sodha ) for the respondents. Mr.DS Udawat ) - - - - - Heard learned counsel for the parties. This appeal has been preferred by the claimants/ appellants aggrieved against the condition imposed by the Motor Accident Claims Tribunal, Jaitaran vide judgment and award dated 27.10.2007 passed in MACT Case No.58/2005 (25/2005) by which the respondent insurance company was directed to deposit the award amount before the Tribunal but the award says that the amount will be paid to the claimants only when the owner of vehicle will submit the security for this amount. The appellants submit that this condition is unreasonable. For this, learned counsel for the appellants relies upon the judgment of the Jaipur Bench of this Court delivered in the case of Kalyan & Ors. vs. Ramniwas & 3 2 S.B. Civil Misc. Appeal No.232/2008 Sakru & Anr. vs. Madan @ Munna & Ors. Ors. reported in 2007 WLC (Raj.) 319. Learned counsel for the respondents relied upon the judgment of the Hon'ble Supreme Court delivered in the case of National Insurance Co. Ltd. vs. Challa Bharathamma and Ors. reported in 2004(2) WLC (SC) Civil 689. In this case, the award was passed by the tribunal on 27.10.2007. The insurance company could have deposited the amount and could have initiated the proceedings for recovery of the amount from the owner of vehicle in pursuance of the award dated 27.10.2007. The tribunal has imposed a condition which cannot be complied with by the appellants/claimants in any manner. Because of the fault of not paying the amount by the owner to the insurance company or because of the dilatory tactics which may be adopted by the owner of the vehicle, the claimants cannot be denied the benefit of the award just to secure the interest of the insurance company when the award also says that the insurance company shall be entitled to recover the amount from the owner of the vehicle. The other aspect is that from the award dated 27.10.2007, almost 11 months are about to pass and, therefore, by this time, 3 S.B. Civil Misc. Appeal No.232/2008 Sakru & Anr. vs. Madan @ Munna & Ors. the insurance company should have made efforts for getting this amount from the owner of the vehicle. In view of the above reason, this appeal is allowed and the condition imposed by the Tribunal in the award dated 27.10.2007 that the amount will not be released till the owner of the vehicle gives security, is set aside. (PRAKASH TATIA), J. S.Phophaliya