Sanjay Bhatiya And Othres vs Manav And Others
2023 Latest Caselaw 1551 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1332/2015

Sanjay Bhatiya & Ors.
                                                                  ----Appellants
                                   Versus
Manav & Ors.
                                                                ----Respondents

For Appellant(s)          :    Mr. Sandeep Mathur
For Respondent(s)         :    Mr. Om Prakash Gupta

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

04/02/2023

Matter has come up on an application bearing Inward

No.1/2022 filed by learned counsel for the claimants-appellants

for passing of appropriate order on stay application.

It is submitted by learned counsel for the claimants-

appellants that the appellants have challenged the impugned

order dated 18.03.2015 passed by MACT, Jaipur, whereby, the

claim petition of the appellants was dismissed and the appellants

were directed to repay a sum of Rs.50,000/- (i.e. the amount of

interim compensation received under no fault liability) to the

respondent No.3- Insurance Company. Counsel further submits

that looking to the facts mentioned in the application and specially

in view of the fact that the amount received by the appellants

under no fault liability is not recoverable, the stay application filed

by the appellants be allowed and the recovery proceedings

initiated against them be stayed.

During the course of arguments, learned counsel for

the claimants-appellants, has placed reliance upon the judgment

(2 of 2) [CMA-1332/2015]

of Hon'ble Apex Court in C.A. No.1508 of 2004 (2010 ACJ 2451)

titled as Indra Devi and others V. Bagada Ram and another,

decided on 18.08.2010, wherein it has been held as under-

"Motor Vehicles Act, 1988, Sections 140 & 141--- No fault liability--- Interim award--- Refund of---Motor cycle dashed against rear side of truck resulting in death of motorcyclist---Tribunal allowed and insurance company of truck paid Rs.50,000 to claimants as interim award under no fault liability--- Tribunal finally concluded that deceased was himself careless and negligent in causing the accident and directed claimants to refund the amount to insurance company along with interest---Compensation under Section 140 is regardless of any wrongful act, neglect or default of the person in respect of whose death claim is made---Whether the Tribunal was justified in directing claimants to refund the amount---Held: no; order of the Tribunal set aside. [2010 ACJ 2444 (SC) followed]."

Looking to the submissions made by learned counsel

for the claimants-appellants and in view of aforesaid judgment of

the Hon'ble Apex Court, the application No.1/2022 is allowed and

the recovery proceeding of Rs.50,000/- (amount of interim

compensation received under no fault liability) qua the appellants

is stayed till final disposal of the appeal.

(CHANDRA KUMAR SONGARA),J

Satyendra/4

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