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2016 DIGILAW 865 (HP)

Prithi Chand v. Dropati

2016-05-20

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 30.3.2010, made by the Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, H.P., Camp at Bilaspur, titled Prithi Chand versus Gurdial Singh and others, for short “the Tribunal”, whereby claim petition came to be dismissed, hereinafter referred to as “the impugned award”, for short. 2. Insured, insurer and driver have not questioned the impugned award on any ground. Thus it has attained finality so far as it relates to them. 3. Claimant has questioned the impugned award on the grounds taken in the memo of appeal. 4. The claimant had filed claim petition for the grant of compensation before the Tribunal, as per the break-ups given in the claim petition. 5. The claim petition was resisted and contested by the respondents. 6. The claimant examined two witnesses, namely Dr. Amarjit Singh PW2, Sh. Pritam Chand, PW3 and himself stepped into the witness-box as PW1. 7. Respondents have not led any evidence. 8. The Tribunal, after scanning the evidence, held that in view of the statement made by PW3 Sh. Pritam Chand, claimant has failed to prove the rash and negligent driving of the driver. 9. I have gone through the impugned award. It appears that no interference is required. 10. Learned counsel for the appellant stated at the Bar that he has received an amount of Rs.25,000/- as interim compensation on account of no fault liability and the insurer has filed the application for recovery of the same by the medium of Execution petition. 11. The interim compensation granted in terms of Section 140 of the Motor Vehicle Act, for short “the Act, was not questioned by the insurer and while granting the interim compensation, on account of no fault liability. 12. Having said so, interim compensation granted in terms of Section 140 of the Act, on account of no fault liability cannot be recovered from the claimant. 13. Accordingly, the impugned award is upheld and the appeal is disposed of. 14. Send down the record forthwith, after placing a copy of this judgment.