Mst Kripa Devi And Ors vs Ismail Khan And Anr
2022 Latest Caselaw 4443 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2332/2018

Mst Kripa Devi And Ors
                                                                  ----Appellants
                                   Versus
Ismail Khan And Anr.
                                                                ----Respondents

For Appellant(s) : Mr. Ritesh Jain, Adv. on behalf of Mr. Nitin Jain, Adv.

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

04/07/2022

Counsel submits that earlier when the claim petition filed by

the claimants-appellants was rejected by the Tribunal vide

judgment dated 26.11.2014, the Tribunal directed the Insurance

Company to recover the amount of "no fault liability" i.e Rs.

50,000/- from the claimants-appellants.

Counsel further submits that against the aforesaid judgment

dated 26.11.2014, the appellants submitted S.B. Civil

Miscellaneous Appeal No.543/2015 before the court and the

matter was remanded back to the Tribunal to decide it afresh vide

judgment dated 06.04.2016.

Counsel submits that even after remanding the matter, again

the claim petition has been dismissed vide judgment dated

05.02.2018.

Counsel also submits that now the Tehsil Malakhera, District

Alwar has issued a recovery notice against the appellants directing

them to deposit the amount of no fault liability i.e. Rs.50,000/-

(2 of 2) [CMA-2332/2018]

Counsel submits that as per the judgment of the Hon'ble

Apex Court in the case of Indra Devi Vs. Bagara Ram reported

in 2010 MACV (SC) 221, the amount disbursed to the claimants-

appellants under no fault liability cannot be recovered.

Issue notice to the respondents, returnable within four

weeks.

List after four weeks.

In the meantime, the recovery pertaining to amount of no

fault liability i.e Rs. 50,000/- from the claimants-appellants shall

remain stayed till next date.

(ANOOP KUMAR DHAND),J

PRAVESH/76

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