Hon'ble RAFIQ, J.—This appeal has been preferred by claimants against order dated 30.03.2003 of learned Motor accident Claims Tribunal, Jhunjhunu, in MAC Case No.112/2000, by which it has dismissed their claim petition on premise that earlier claim petition filed by them on same subject matter claiming same relief was dismissed as not pressed and therefore the second claim petition on same subject matter would not be maintainable.

2. Learned counsel for appellants has argued that there was no adjudication as far as merits of the case are concerned. Claimants did not press their claim petition, filed earlier, and same was dismissed because a compromise was arrived at between the parties. Pursuant to the compromise, vehicle owner agreed to pay to claimants a sum of Rs.1,00,000/- (Rupees one lac). The claimants even admitted the factum of compromise in their statements in the trial of driver of offending vehicle, in criminal case. However, subsequently the owner of the vehicle turn back from the promise and did not pay the agreed amount of Rs.1,00,000/- to claimants. Learned counsel argued that Rule 10.2 of the Rajasthan Motor Vehicles Rules, 1990, has made a specific provision of Civi

Click Here to Read the rest of this document