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Judgment
Sanjay K. Agrawal, J
Petitioners herein are claimants in whose favour award dated 22/04/2014 has been passed by learned Claims Tribunal for a sum of ₹ 9,14,600/Â‐
which is payable by respondent No. 3 i.e. Insurance Company who will recover the amount from respondents No. 1 and 2 i.e. driver and owner of the
vehicle. Learned Claims Tribunal further directed that respondents No. 1 and 2 herein i.e. driver and owner would furnish security for the payment of
the compensation amount to the Insurance Company. In furtherance of the awarded amount, a sum of ₹ 10,15,631/Â has already been deposited by
the Insurance Company but it has not yet been disbursed to the claimants for want of security which has not been furnished by the driver and owner
as directed by learned Claims Tribunal.
Petitioners filed an application under Section 151 of the CPC for releasing of the compensation amount, but learned Claims Tribunal rejected the
said application by order impugned dated 13/11/2018 against which this writ petition under Article 227 of the Constitution of India has been preferred
by them.
Mr. Rajkumar Pali, learned counsel for the petitioners would submit that the Claims Tribunal is absolutely unjustified in rejecting the application filed
by the petitioners as their near relative Vishnu Gendre died on 08/01/2012 and it has been more than 7 years but not a single penny has been paid to
the claimants and the Claims Tribunal has closed his eyes by rejecting their application for releasing the compensation amount.
I have heard learned counsel for the petitioner at length.
It appears from the record that learned Claims Tribunal directed the Insurance Company to satisfy the decree and further directed to recover the
compensation amount from respondents No. 1 and 2 herein i.e. driver and owner who would have to furnish security for the entire amount which the
Insurance Company will pay to the claimants. The offending vehicle has already been attached as a part of the security.
The Supreme Court, in the matter of Oriental Insurance Co. Ltd. Vs. Nanjappan and others (2004) 13 SCC 22,4 has held as under :Â ""8.
Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Baljit Kaur's case (supra) that the insurer
shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondentsÂclaimants within three
months from today. For the purpose of recovering the same from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding
before the concerned Executing Court as if the dispute between the insurer and the owner was the subject matter of determination before the Tribunal
and the issue is decided against the owner and in favour of the insurer. Before release of the amount to the insured, owner of the vehicle shall be
issued a notice and he shall be required to furnish security for the entire amount which the insurer will pay to the claimants. The offending vehicle shall
be attached, as a part of the security. If necessity arises the Executing Court shall take assistance of the concerned Regional Transport authority. The
Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle  shall make
payment to the insurer. In case there is any default it shall be open to the Executing Court to direct realization by disposal of the securities to be
furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no
order as to costs.
Reverting to the facts of the present case, it is quite vivid from the above observations that learned Claims Tribunal has failed to take proper steps
for making payment of the compensation amount awarded to the claimants by award dated 22/04/2014. It is unfortunate that though the awarded
amount has been deposited in the account by the Insurance Company but still after more than 7 years from the date of death, the amount has not been
disbursed to the claimants and learned Claims Tribunal has further rejected the application filed by the petitioners without taking proper steps to get
respondents No. 1 and 2 served.
Learned Claims Tribunal is directed to ensure the presence of respondents No. 1 and 2 herein by all legally permissible modes and notices be
served to them by special messenger within two weeks from today and then to obtain the undertaking as directed earlier and disburse the awarded
amount as per award dated 22/04/2014 to the claimants within further two weeks without fail. If need arises, Claims Tribunal, Raipur will hold sitting
during the Dussehra holidays in order to ensure the compliance of this order.
With the aforesaid direction, this writ petition stands disposed of. No order as to cost(s).
A copy of this order be sent to the concerned Claims Tribunal through the Registrar General by eÂmail/fax by today itself.