SANGEET LODHA,J. - (1.) This petition is directed against order dated 27.7.06 passed by the Motor Accident Claims Tribunal ('the Tribunal'), Pali in Claim Case No.13/03, directing that before release of the amount of compensation deposited by the respondent-New India Insurance Company to the claimants, the owner of the vehicle should furnish security for the entire amount of compensation.
(2.) The facts relevant are that the claim petition preferred by the claimants claiming compensation on account of death of their husband/father-Yusuf s/o Aduji in motor vehicle accident occurred on 26.12.01, was allowed by the Tribunal and accordingly, a sum of Rs.3,52,000/- was awarded as compensation in favour of the claimants. The owner of the vehicle and the driver were held liable for payment of compensation and the Insurance Company was exonerated from the liability. However, applying the doctrine of 'Pay and Recover', the Insurance Company was directed to pay the amount of compensation and recover the amount from the person liable i.e. the driver and the owner in accordance with law.
(3.) In compliance of the award passed as aforesaid, the Insurance Company deposited the amount of compensation, however, the amount of compensation was not disbursed to the claimants immediately and vide order dated 27.7.06, the Tribunal directed that before releasing the amount of compensation to the claimants, the security for entire amount of compensation may be obtained from the owner of the vehicle. Hence, this petition.;