SMT. BEENA SHARMA AND ANOTHER Vs. MOHD. ASLAM AND OTHERS
LAWS(RAJ)-2009-5-120
HIGH COURT OF RAJASTHAN
Decided on May 22,2009

BEENA SHARMA And ANR Appellant
VERSUS
MOHD ASLAM And ORS Respondents

JUDGEMENT

- (1.) Issue notice Ms. Chitra Goyal is present in the Court accepts notice for respondent No. 3-United India Insurance Company Ltd.
(2.) The petitioner has challenged the order dated 29th May, 2006, whereby an amount of Rs. 94,433 has been awarded as compensation, but a condition was imposed to the effect that the claimants can withdraw the amount of compensation only on production of security from the owner of the vehicle.
(3.) Challenge was made on similar grounds to the condition requiring the claimants to submit solvent security from the owner of the vehicle in number of similar writ petitions in the past. Coordinate of this Court in Smt. Rama and Balwant Singh, S.B. Civil Writ Petition No. 71/2006, Banwari Lal v. Gopi Ram, 2005 3 ACC 464, S.B. Civil Misc. Appeal No. 481/ 2005, Sheoji Ram Mali v. The Judge, ADJ (F.T.) No. 7, Jaipur City & Ors., Kumari Nargis v. Karan Singh & Ors., 2007 3 ACC 307, S.B. Civil Misc. Appeal No. 356/2005 and Manju (Smt.) & Ors. v. Addl. District & Session Judge & Ors., and by this Court in Smt Uganti Devi & Ors. v. MACT, Jaipur City & Ors., SB Civil Writ Petition No. 2999/07 wherein it was held that the aforesaid condition is unreasonable and unjustified and, therefore, that was waived.;


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