ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. SIRAJUDDIN

JUDGEMENT

(1.) Heard Sri Rahul Sahai, the learned counsel for the petitioner and Sri Rajesh Tripathi, the learned counsel holding the brief of Sri V.P. Mishra, the learned counsel for the petitioner.

(2.) A claim application was filed under the Motor Vehicles Act. The tribunal gave an award granting compensation to the claimants. The tribunal, in the said award, also gave a right to the insurance company to recover the amount from the owner of the vehicle in terms of Section 149(2) of the Motor Vehicles Act. The insurance company accepted the award and deposited the amount before the tribunal along with an application? praying that the amount may be recovered from the owner and that the amount may not be released to the claimants till a security is provided by the owner of the vehicle or attachment of the vehicle is not made. This application was partly allowed by issuance of notice to the owner of the vehicle but the prayer for providing security and/ or attachment of the vehicle was rejected with a further direction that the amount deposited by the insurance company could be withdrawn by the claimants. The insurance company, being aggrieved by this part of the order, has filed the present writ petition.

(3.) The learned counsel for the petitioner insurance company submitted that till such time as the interest of the petitioner is not secured, the amount deposited by the petitioner could not be released in favour of the claimants as held by the Supreme Court in the case of Oriental Insurance Company Ltd. Vs., Nanjappan and others, 2004 AIR(SC) 1630 and in the case National Insurance Company Ltd. Vs. Challa Bharathamma and others, 2004 7 JT 519, in which it was held: