JHITARIBAI Vs. KENDAR

JUDGEMENT

(1.) THIS is a revision filed by the claimant Jhitaribai under Section 115 of the C.P.C. against an order dated 11.2.2005 passed by the M.A.C. Tribunal, Jhabua, arising out of a motor claim case No. 115/2000, decided by the said Tribunal on 2.11.2004.

(2.) SHORT facts are these. The petitioner was a claimant. She filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained by her in a motor accident against respondent Nos. 1 and 2 being claim case No. 115/2000. The Tribunal partly allowed the claim petition by award dated 2.11.2004 and awarded a sum of Rs. 35,000 along with interest payable thereon @ 9% from the date of the application till realisation to the petitioner. In the award, the Tribunal directed the Insurance Company i.e., respondent No. 2 to pay the awarded sum to the claimant and then recover the awarded sum from the respondent No. 1 i.e., insured of the vehicle i.e., Kendar.

(3.) HAVING heard learned Counsel for the petitioner and having perused the record of the case, I am inclined to allow the revision and set aside the order insofar as it relates to the condition for furnishing of security by insured is concerned as a condition precedent for withdrawal of the money by the claimant.