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2011 DIGILAW 2755 (RAJ)

Satya Narain v. Bhagwan Das

2011-12-14

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the claimant-appellant aggrieved by the order dated 30/8/2005 whereby the learned Motor Accident Claims Tribunal, Tonk while dismissing the claim petition filed by him, empowered the insurance company to recover the amount of Rs.25,000/- paid to the claimant-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 claimant-appellant is that the Tribunal cannot issue directions for recovery of interim-compensation already paid to him under the head of 'no fault liability' and in support of his argument, has placed reliance upon the judgment of Supreme Court in Indra Devi and others vs. Bagada Ram & Anr. : 2010 ACJ 2451 = 2010(2) CCR 873 (SC) in which it has been held so by the Hon'ble Supreme Court. 3. Learned counsel for the insurance company has opposed the appeal but could not controvert the ratio of the judgment of Supreme Court in Bagada Ram supra. 4. Upon hearing learned counsel for the parties 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 therein issued directions to the effect that "the order of the Tribunal in so far as it permits the insurance company to recover the amount of interim compensation along with the interest from the claimants-appellants is set-aside". 5. In view of ratio of the aforesaid judgment of Supreme Court in Indra Devi supra, it is thus directed that the amount of interim-compensation of Rs.25,000/- already paid to the claimant-appellant under the head of 'no fault liability' shall not be recovered. 6. With the directions aforesaid, the appeal stands disposed of.