PREM NARAYAN BHAGEL Vs. BANCHANDRA BHAGEL

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order dated 12-2-2008 passed in execution proceedings registered as Claim Execution No. 19/06-07.

(2.) PETITIONERS-CLAIMANTS filed a claim application before 3rd additional Motor Accident Claims Tribunal (Fast Tract Court), Dabra, District gwalior with regard to payment of compensation on account of death of one kishan Lal Bhagel. The aforesaid application was registered as Claim Case no. 19/06. Learned Claims Tribunal passed an award on 23-8-2007 and held that respondent Nos. 1 and 2 would be severally and jointly liable to pay an amount of Rs. 1,59,500/- to the petitioners-claimants. The Claims Tribunal further directed that respondent No. 3 shall make the payment to the claimants and thereafter it shall recover the amount from the respondent No. 2, Ramswaroop. Respondent No. 3 is an Insurance Company. The directions issued by the Claims tribunal are in Hindi, which have been reproduced in verbatim as under:

(3.) PETITIONERS filed an execution proceeding before the Trial Court. In the meanwhile respondent No. 3 deposited the amount, as directed by the claims Tribunal, in the Executing Court. The Executing Court vide impugned order ordered that until and unless the respondent No. 2 shall not furnish security of the amount of compensation, the amount be not paid to the petitioners.