SHANTI DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners against the order dated 1. 9. 2005 passed by the Additional District & Sessions Judge (Fast Track) No. 4, Ajmer in application No. 80/2000. The petitioner by way of this writ petition further seeks direction directing the respondents to disburse the amount in the terms indicated in the award dated 6. 4. 2005.

(2.) VIDE impugned order dated 1. 9. 2005, the Claims Tribunal directed that owner of the vehicle should furnish the security and after taking security from the owner of the vehicle involved in the accident, the amount of the award can only be disbursed. The Claims Tribunal while passing the said order, also considered the judgments rendered by Hon'ble Supreme Court in case of Pramod Kumar Agarwal & Ors. vs. Mushtari Begum & Ors. reported in 2004 (3) TAC 289 and Oriental Insurance Co. Ltd. vs. Najpann & Ors. reported in 2004 (2) TAC 12.

(3.) HEARD rival submissions advanced on behalf of the respective parties and carefully gone through the judgments rendered by Hon'ble Supreme Court.