Allowed

Smt.Sukhi Devi and Ors. v. Jaswant Singh and Ors.

Rajasthan HC18 Feb 2013CMA/3664/2011

Case brief

AI extract

What is this about?

This single-judge civil miscellaneous appeal challenged a Motor Accident Claims Tribunal award requiring a vehicle owner to provide a guarantee before the insurance company could pay compensation. Following precedents, the High Court quashed the guarantee condition, directing the Tribunal to disburse the amount immediately while allowing the insurance company to pursue recovery via execution appli

What did the court decide?

The condition requiring a vehicle owner guarantee for disbursement was set aside; the Tribunal directed to disburse compensation without such guarantee, allowing the insurance company to recover the a

Smt.Sukhi Devi and Ors. Vs Jaswant Singh and Ors. — Insurance | Rajasthan HC (2013)

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N THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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: JUDGMENT :

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S.B. CIVIL MISC. APPEAL NO.3664/2011

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Smt. Sukhi Devi and Ors.

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vs.

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Jaswant Singh and Ors.

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Date of Judgment :: 18.2.2013

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PRESENT

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Mohit Vyas, for the appellants. Mr. Jagdish Vyas, for the respondent No.3 Mr. Anil Kaushik, for the respondent No.5.

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BY THE COURT:

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This appeal has been filed by the claimants aggrieved against the part of operative portion of the award dated 8.8.2006 passed by the Motor Accident Claims Tribunal, Jaitaran in MACT Claim Case No.105/2005 (17/2003 old number), whereby the Tribunal after coming to the finding that the insurance company was not liable to make payment of compensation has directed the insurance company to pay the same and recover it from the owner of the vehicle. Besides the above direction, the Tribunal has ordered as under:-

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“उक पत�कर र�श�य� क� स�द�य प�र�गण क� करन� स� प�र� अप�र� स�. 2 स�जयशस�ह र�हन सर�म! द�र� इस आ�य क% पत�भ�त� पस�'� कर �सद(क करर�न� आरशयक ह�ग� कक रह पत�कर र�श�य� क� स�द�य अध,तनण�य म- प�रर� आद � �न'स�र अप�र� स�. 3 ब!म� क�� क� कर द�ग� �र� अप�र� स�. 2 स�जयशस�ह र�हन सर�म! द�र� ऐस! पत�भ�त� पस�'� कर �सद(क करर�न� क� पश 1��2 ह( प�र�गण क� पत�कर र�श� क� स�द�य प�ट� अध,करण म- जम� करर�य� गय� 1�कस क� वर�रण ककय� ज�य�ग�। �दन'स�र प�1�ट

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ज�र( ह�। प�1�ट क% पत� ब!म� कमपन! क� स�1न�र� प�व8� क% ज�र�। अप�र� स�. 4 र 5 क� वररद क;�म य�ध1क� ख�ररज क% ज��! ह=।"

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The above direction whereby it has been made a condition precedent for disbursement of amount of compensation to the claimant that the owner of the vehicle would file a guarantee in this regard before the Tribunal regarding repayment to the insurance company is questioned in this appeal.

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The above condition has been held to be without any sanctity of law and has been set aside by this Court in the case of Jyota & Ors. Vs. MACT & Ors., reported at 2012(1) DNJ (Raj.) 158 and in the case of Kailash Chandra Vs. Gopi Ram & Anr., reported at 2007 RAR 566 (Raj.).

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In view of and following the said judgments in the case of Jyota and Kailash Chandra (supra), the condition imposed by the Tribunal as quoted herein-above, is quashed and set-aside. It would be required for the Tribunal to disburse the amount of compensation to the claimant in terms of the award without seeking the owner to produce the guarantee.

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The appeal is disposed of in the above terms. However, it would be open for the insurance company to recover the amount paid by it together with interest from the owner by way of execution application before the Tribunal.

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(ARUN BHANSALI), J.

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rm/-

Smt.Sukhi Devi and Ors. v. Jaswant Singh and Ors.

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Smt.Sukhi Devi and Ors. v. Jaswant Singh and Ors.

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