Mursaleem vs Babu Lal
2022 Latest Caselaw 194 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 3494/2011

Mursaleem & Ors.
                                                                    ----Appellant
                                     Versus
Babu Lal & Ors.
                                                                  ----Respondent

For Appellant(s) : Mr. Sunil Jain through VC For Respondent(s) : Mr. Kapil Gupta through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

10/01/2022

This appeal has been filed by the claimants against dismissal

of their claim petition as also assailing the directions issued by the

Tribunal giving right to the Insurance Company to recover the

amount of interim award of Rs.50,000/- along with interest paid

under Section 140 of the Motor Vehicles Act, 1988 to the

claimants.

Heard counsel for the appellants.

Admit.

Call for the record.

Counsel has put in appearance on behalf of respondent No.3,

therefore, notices be issued only to respondent Nos.1 and 2.

Heard on the stay application.

Learned counsel for the appellant submits that interim award

of Rs.50,000/- was order to be paid under the principle of no fault

liability under Section 140 of the Motor Vehicles Act, 1988 which

cannot be order to be recovered, albeit, the claim petition is

dismissed.

(2 of 2) [CMA-3494/2011]

The reliance has been placed on the judgment passed by the

Supreme Court in case of Indra Devi Versus Bagada Ram (AIR

2010 SC 2913).

In view of the above, the directions issued by the Tribunal for

recovery of the interim award of Rs.50,000/- along with interest

shall remain stayed during the course of the appeal.

Accordingly, the stay application stand disposed of.

(SUDESH BANSAL),J

NITIN /112

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