1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3268/2006 Balveer Singh Versus Yogendra Singh and others Date of order ::: July 18, 2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Pankaj Gupta, for the petitioner Mr.Pradeep Singh, for the respondents BY THE COURT Heard learned counsel for the parties. This writ petition has been filed challenging the condition in the Award of compensation that the same shall be disbursed to the claimant only after he furnishes security from the owner of the vehicle. The facts, in brief, of the case, as per the writ petition are that in respect of an accident which took place on 25.2.1999, a claim petition was filed by the petitioner before the Motor Accident Claims Tribunal which came to be decided on 29.7.2005. While passing the award the Tribunal has ordered that the amount of compensation should be paid to the claimant only after taking security from the owner of the offending vehicle. Submission of counsel for the petitioner is that imposing the aforesaid condition of furnishing security from the owner of the offending vehicle is illegal. Submission of Mr.Pradeep Singh, counsel for the respondents is that the condition of security is just, legal and 2 proper and there is nothing illegal in ordering so. Similar issue has been considered by various coordinate Benches of this Court in Smt. Rama and Balwant Singh, SBCWP No.71/2006, (Banwari Lal Vs. Gopi Ram), SBCMA No.481/2000 (Sheoji Ram Mali V. The Judge, ADJ (F.T.) No.2, Jaipur City and others, Kumari Nargis V. Karan Singh and others, SBCMA No.356/05 and Manju (Smt.) and ors. Vs. Addl. Distt. & Sessions Judge and others and by this Court in Smt. Uganti Devi wherein it has been held that imposition of such a condition is unjustified and therefore, the same was waived. Having gone through the aforesaid judgments, I find myself in agreement with the view taken therein. The condition of making 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 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. गोpa ल