SAMPAT DEVI Vs. SHRIRAM GENERAL INS. CO.

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 01/05/2018 passed by learned 1st Additional Claims Tribunal, Tikamgarh in Claim Case No.03/2012, Execution Case No.155/2017 whereby learned Claims Tribunal has directed the owner of the offending vehicle to furnish a bank guarantee for the sum which has been deposited by the insurance company in the Tribunal and refused to disburse the awarded amount in favour of the claimants till such security is furnished by the owner.

(2.) Learned counsel for the claimants submits that this is arbitrary and illegal.

(3.) Shri Aditya Narayan Sharma, learned counsel for the insurance company, in his turn, submits that the order of the High Court passed in M.A. No.517/2015 on 12/5/2016 is crystal clear. It has extracted para-13 of the judgment of Hon'ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Challa Bharathamma and others, (2004) 8 SCC 517 and by quoting that paragraph held that the amount is to be deposited by the insurance company, but it will be disbursed only on furnishing of the security by the owner of the offending vehicle.