JODHARAM Vs. SURESH KUMAR AND ORS.

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 16-5-2011 passed by learned Judge, MACT, Malpura, Distt. Tonk in M.A.C. No. 63/2006 whereby the learned Tribunal dismissed the claim petition of the claimant on the ground of negligency of the injured himself and also ordered the Insurance Company to recover the amount of interim compensation to the tune of Rs. 25,000/- awarded for non-fault liability in accordance with law.

(2.) Brief facts of the case are that on 2-3-2006, in the evening when he was going from Sanodiya to Bhansu by Motorcycle No. RJ26-3M-8109, on Kikri road, the non-claimant No. 1 was driving his motorcycle No. RJ01-SA-6984 with rash and negligent manner and excessive speed and coming in wrong side and collided with motorcycle of claimant, because of that claimant sustained grievous and simple injuries. The FIR was lodged against non-claimant No. 1. Thereafter claim petition was filed, notices were issued, reply was filed by the Insurance Company, remaining respondents did not appear in spite of service, four issues were framed, and after hearing all the parties, the learned Tribunal passed the impugned award dismissing the claim petition and directed the Insurance Company to recover Rs. 25,000/- which was awarded under S. 140 of the Motor Vehicles Act to the claimant for no fault liability. Hence this appeal has been filed.

(3.) Mr. Vimal Kumar Jain, learned counsel for the appellant has contended that he does not want to press the appeal, if the amount which has been paid by the Insurance Company to the claimant under S. 140 of the Motor Vehicles Act is not recovered from him. It has also been contended that such type of order cannot be passed by the learned Tribunal while dismissing the claim petition. Aggrieved by the direction of refunding the amount of interim compensation to the Insurance Company along with interest, this appeal has been preferred. In support of his submission, he has placed reliance on the judgment of Hon'ble Apex Court Indra Devi and Ors. v. Bagada Ram and Anr., 2010 AIR(SC) 2913