- (1.) Petitioners are claimants assailing order dt. 26/9/06 passed by learned court below on misc. application of the insurer with the grievance that amount could be disbursed to the claimants only after security is furnished by owner of the offending vehicle. In absence whereof, it will be difficult for the insurer to get its money recovered since liability has been fastened upon the owner of the vehicle.
(2.) Learned court below allowed their application vide order Ann.3 dt. 26th September, 2006 with the direction that money may be disbursed to the claimants only after owner furnished a security of the said amount.
(3.) Counsel for petitioner submits that despite award has attained finality and the money has been deposited by the insurer, but it has not been disbursed on the premise that owner of the offending vehicle is not traceable and in absence of surety of the said amount being furnished by owner of the vehicle who is not within the domain/control of the claimants they are being deprived of their compensation which has been determined by the Tribunal after due adjudication.;