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Punjab-Haryana High Court
Rekha Dutt Alias Rani And Another vs Motor Accident Claims Tribunal ...

CR No. 6621 of 2008 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR No.6621 of 2008

Decided on : 01-12-2008

Rekha Dutt alias Rani and another

....Petitioners

VERSUS

Motor Accident Claims Tribunal and others ....Respondents

CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Ashwani Arora, Advocate for the petitioners MAHESH GROVER, J

This revision petition is directed against the order dated 2nd September, 2008. The petitioner herein had carried out the execution of award of the Motor Accident Claims Tribunal dated 14.12.2007. The Insurance Company has deposited the entire amount as determined by the Tribunal. But at the time of release, the learned Tribunal directed the claimants to furnish indemnity bonds in the sum of Rs.5 lacs and one surety of the like amount and an undertaking to indemnify the better claimant, if any, found in future and also directed that the amount of Rs.4,74,108/- be released to the decree holders deposited in the Bank in the shape of FDR. Learned counsel for the petitioner contended that there has been no appeal preferred against the award of the Tribunal and there is no adverse order against the claimants and therefore, the condition of furnishing an undertaking and indemnity bonds are totally unwarranted. CR No. 6621 of 2008 2

Learned counsel for the petitioners further states at Bar that there is no inter se dispute between the claimants. That apart, he states that there is no appeal which is preferred against the award. After hearing learned counsel for the petitioners, I am of the considered opinion that the prayer of the petitioner deserves to be accepted and hence it is directed that the amount be released to the appellant without any condition.

Revision petition stands disposed of.

December 1, 2008 (Mahesh Grover) rekha Judge