JYOTI GENDRE Vs. RADHESHYAM SINGH

JUDGEMENT

(1.) Petitioners herein are claimants in whose favour award dated 22/04/2014 has been passed by learned Claims Tribunal for a sum of ? 9,14,600/­ which is payable by respondent No. 3 i.e. Insurance Company who will recover the amount from respondents No. 1 and 2 i.e. driver and owner of the vehicle. Learned Claims Tribunal further directed that respondents No. 1 and 2 herein i.e. driver and owner would furnish security for the payment of the compensation amount to the Insurance Company. In furtherance of the awarded amount, a sum of ? 10,15,631/­ has already been deposited by the Insurance Company but it has not yet been disbursed to the claimants for want of security which has not been furnished by the driver and owner as directed by learned Claims Tribunal.

(2.) Petitioners filed an application under Section 151 of the CPC for releasing of the compensation amount, but learned Claims Tribunal rejected the said application by order impugned dated 13/11/2018 against which this writ petition under Article 227 of the Constitution of India has been preferred by them.

(3.) Mr. Rajkumar Pali, learned counsel for the petitioners would submit that the Claims Tribunal is absolutely unjustified in rejecting the application filed by the petitioners as their near relative Vishnu Gendre died on 08/01/2012 and it has been more than 7 years but not a single penny has been paid to the claimants and the Claims Tribunal has closed his eyes by rejecting their application for releasing the compensation amount.