Dharamraj Meena Son Of Tarachand ... vs Meetha Lal Meena S/O Ramkumar ...
2022 Latest Caselaw 3216 Raj/2

                                               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.

(SUDESH BANSAL),J

NITIN /62

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