1 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 ) - - - - - 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. 2 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