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2012 DIGILAW 25 (RAJ)

Ram Dev v. Rameshwar

2012-01-02

MOHAMMAD RAFIQ

body2012
Hon'ble RAFIQ, J.—Learned counsel for the appellants has argued that the learned Tribunal has rejected the claim petition on the ground of delay of fifteen days in lodging the FIR. 2. In SBCMA No.398/2005, claim of claimant-appellant Ram Dev was rejected and in SBCMA No.396/2005, Rs.10,000/- was awarded to claimant-appellant Sita Ram and his rest claim was rejected. Both the claimants were paid Rs.25,000/- each under the head of 'no fault liability'. While rejecting the claim petitions, learned Tribunal directed for recovering the amount from the appellants paid to them under no fault liability. 3. Learned counsel for the appellants has cited the judgment of Supreme Court in Indra Devi and others vs. Bagada Ram and another : 2010 ACJ 2451 = 2010(2) CCR 873 (SC) and argued that even in that case, Supreme Court held that the amount that has been paid under no fault liability may not be recovered if the claim petition is dismissed. In the present case, there was an interim order passed by this court restraining the respondents from recovering the amount paid under no fault liability. 4. In view of the judgment of Supreme Court in Indra Devi supra, it is directed that the amount paid to the claimant-appellants under the head of no fault liability may not be recovered. 5. With the above directions, the appeals are disposed of. Record be transmitted back to the Tribunal forthwith.