HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 880/2022
Dharamraj Meena Son Of Tarachand Meena
----Appellant
Versus
Meetha Lal Meena S/o Ramkumar Meena @ Mahadev & Ors.
----Respondents
For Appellant(s) : Mr. Vinay Mathur For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/04/2022 Appellant-plaintiff has filed this appeal against dismissal of his claim petition vide judgment dated 16.11.2021.
Counsel for appellant submits that the Tribunal while dismissing the claim petition has passed the order for recovery of interim compensation award to claimants under the no fault liability by virtue of Section 140 of the Motor Vehicles Act, 1988.
The Hon'ble Supreme Court in case of Indira Devi Vs. Bagada Ram [2010 (13) SCC 249] has observed that interim compensation under Section 140 cannot be recovered from claimants.
Heard.
Appeal is admitted.
Issue notice to respondents.
In view of above, the recovery of interim compensation from appellant shall remain stayed during pendency of this appeal.
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