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2011 DIGILAW 2472 (RAJ)

Imran v. Yadav Singh

2011-11-16

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been filed by the appellant aggrieved by the order dated 25.8.2008 whereby the learned Motor Accident Claims Tribunal, Jhalawar while partly allowing the claim petition filed by the appellant whereby awarding a sum of Rs.15,000/- as compensation, issued directions for recovery of Rs.10,000/- out of Rs.25,000/- already paid to the appellant under the head of no fault liability in terms of Section 140 of the Motor Vehicles Act, 1988. 2. Contention of the learned counsel for the appellant is that the Tribunal cannot issue directions for recovery of the amount already paid to the claimant-appellant under the head of no fault liability and in support of his argument, he has placed reliance on the judgment in Indra Devi and others vs. Bagada Ram and another : 2010 ACJ 2451 = 2010(2) CCR 873 (SC) in which it has been held so by the Supreme Court. 3. No one had appeared on behalf of the respondents despite service. 4. Upon hearing learned counsel for the appellant and perusing the impugned award, I find that the Supreme Court in the aforesaid case in the similar set of circumstances while allowing the SLP of the claimants, directed that the order of the Tribunal in so far as it permits the insurance company (respondent No.2) to recover the amount of interim compensation along with the interest from the claimants-appellants is set aside. 5. In view of the judgment of Supreme Court in Indra Devi supra, it is directed that the amount paid to the claimant-appellant under the head of no fault liability may not be recovered. With the above directions, the appeal stands disposed of.