Nijamuddin vs Ramjani And Others
2024 Latest Caselaw 1640 Raj/2

Rajasthan High Court

Nijamuddin vs Ramjani And Others on 7 March, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:11660]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 7566/2011

Nijamuddin S/o Sh. Imamuddin R/o Village Satwara, Teh.Devli,
Dist. Tonk
                                                                    ----Appellant
                                    Versus
1. Ramjani Khan S/o Sh. Gulsher Khan (Driver of Truck No. GJ-
01-X-6451) R/o Mehandi Baag, Teh Tonk, Distt. Tonk
2. Mohd. Yunus S/o Sh. Suleman Sufi (Regd. Owner                        of Truck
No. GJ-01-X-6451) R/o Rasulabad Modas, PS Sanwar Kanta,
Distt Himmat Nagar (gujarat)
3. United India Insurance Company Ltd. (insurance company of
Truck No. GJ-01-X-6451) through Branch Officer, Subhash
Bazar, Tonk, Distt. Tonk
                                                                 ----Respondents

For Appellant(s) : Mr. Abhishek Pareek, Adv. For Respondent(s) : Mr. Amarnath Pareek, Adv. with Mr. Deepak Yadav, Adv. for respondent No.3

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT :: 07/03/2024

This Civil Misc. Appeal has been filed by the appellant-

claimant (for short 'the claimant') u/s 173 of the Motor Vehicles

Act, 1988 against the judgment dated 03.12.2005 passed by the

Additional District and Sessions Judge (Fast Track), No.3, Motor

Accident Claims Tribunal, Tonk (for short 'the Tribunal') in claim

case No.1083/2005, whereby the claim petition filed by the

claimant has been dismissed as also against the order dated

23.04.2008 passed by the Tribunal in Review Petition No. 40/2007

and the order dated 02.05.2011 passed by the Tribunal whereby

[2024:RJ-JP:11660] (2 of 3) [CMA-7566/2011]

the Review Petition No. 1/2010 filed by the claimant have been

dismissed.

Learned counsel for the claimant submits that the Tribunal

has wrongly dismissed the claim petition as well as aforesaid

review petition and application filed by the claimant because the

claimant failed to adduce any evidence before the Tribunal.

Learned counsel for the claimant also submits that the Tribunal

while dealing with the claim petition filed by Shyoraj with regard

to the same accident has allowed the claim petition and awarded

Rs.32,000/- as compensation in his favour. Learned counsel for

the claimant further submits that the claimant was granted

Rs.25,000/- as interim compensation. The said amount of interim

compensation may not be recovered from him on account of

dismissal of the claim petition. So, judgment of the Tribunal qua

recovery of the interim compensation amount may be set aside.

Learned counsel for the Insurance Company has opposed the

arguments advanced by the learned counsel for the claimant and

submitted that the averments made in the claim petition filed by

the claimant were not proved. So, Tribunal has rightly directed the

Insurance Company to recover the amount of interim

compensation granted to the claimant. So, the present appeal

being devoid of merit, is liable to be dismissed.

I have considered the arguments advanced by the learned

counsel for the claimant as well as learned counsel for the

Insurance Company.

It is an admitted position that the interim compensation

granted to the claimant is not recoverable. So, in my considered

opinion Tribunal has wrongly directed the Insurance Company to

[2024:RJ-JP:11660] (3 of 3) [CMA-7566/2011]

recover the amount of interim compensation which was granted

earlier along with interest @ 9% P.A.. So, the present appeal

deserves to be partly allowed.

The appeal filed by the claimant stands partly allowed and

judgment of Tribunal qua recovery of amount of interim

compensation granted to the claimant along with interest @ 9%

P.A. stands set aside.

Pending application(s), if any, also stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Gourav/81

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