VIJENDRA SHARMA Vs. MOHD ASLAM

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the order dated 16/1/2009 whereby an amount of Rs. 99,433/-has been awarded as compensation, but a condition was imposed to the effect that the claimant can withdraw the amount of compensation only on production of security from the owner of the vehicle.

(2.) SUBMISSION of counsel for the petitioner is that the imposition of the condition of submission of security is contrary to the various judgments of this Court.

(3.) CHALLENGE was made on similar grounds to the condition requiring the claimant to submit solvent security from the owner of the vehicle in number of similar writ petitions in the past. Coordinate benches of this Court in Smt. Rama and balwant Singh, SBCWP No. 71/2006, Banwari Lal V. Gopi Ram (SB Civil Misc. Appeal No. 481/2005), Sheoji Ram Mali V. The judge, ADJ (F. T.) No. 7, Jaipur City and ors. Kumari Nargis v. Karan Singh and Others (SB Civil Misc. Appeal No. 356/2005)and Manju (Smt.) and others V. ADJ and by this Court in smt. Uganti Devi and others V. MACT, Jaipur City and others (SBCWP No. 2999/2007) wherein it was held that the aforesaid condition is unreasonable and unjustified and therefore, that was waived.