Lokesh @ Sonu S/O Shri Liladhar ... vs Vikram Singh S/O Hosiyar Singh
2022 Latest Caselaw 3677 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 118/2020

Lokesh @ Sonu S/o Shri Liladhar Kumawat (Died) through LRs.
                                                                  ----Appellants
                                   Versus
Vikram Singh S/o Hosiyar Singh & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Brahma Prakash For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

10/05/2022

Appellant-claimants have filed this appeal for enhancement

of compensation.

It appears from the judgment and award dated 21.08.2019

passed by MACT, Khetri that a compensation to the tune of

Rs.2,72,280/- with interest has been awarded in favour of

claimants and though the Insurance Company has been

exonerated from the liability to pay the compensation. It has been

held that under the Principle of "Pay and Recovery" the Insurance

Company would pay the compensation and would have right to

recover the compensation amount from the owner and driver of

the vehicle-non-claimant Nos.1 and 2.

The Tribunal has imposed a pre-condition for payment of

compensation amount by the Insurance Company only when the

owner and the driver furnish a security before the Tribunal to pay

the compensation amount.

Having heard learned counsel for appellant-claimants, the

appeal is admitted for hearing.

                                                                (2 of 2)                                 [CMA-118/2020]



                                           Issue notice.

In the meanwhile and till further orders, the pre-condition of

furnishing the security by owner and driver of the vehicle shall

remain stayed.

Consequently, the Insurance Company would be liable to pay

the compensation amount, without insisting on the pre-condition

of furnishing the security by owner and driver as mentioned in the

impugned award. Rest of the award shall remain operate.

The Tribunal would first complete the exercise of disbursement of

compensation amount, and thereafter shall send the record to this

Court.

(SUDESH BANSAL),J

TN/17

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