BHAGWATI, J.—Learned counsel for the appellants submitted that he did not press the appeal on merits but canvassed that albeit the learned Tribunal decreed an amount of Rs. 9,719/- in favour of claimant appellant, but while deciding the claim petition directed that the non claimant-Insurance Company shall be entitled to recover the remaining amount of Rs. 15,281/- out of the no fault liability of Rs. 25,000/- from the claimant. Learned counsel implores that the non claimant-Insurance Company may be directed not to recover the said amount of 'no fault liability' from the claimant. To justify his prayer, he has cited one judgment of Apex Court rendered in the case of Indira Devi & Ors. vs. Bagada Ram & Anr. reported in 2010 ACJ 2451 = 2010(2) CCR 873 (SC) in support thereof.

2. In the case of Indira Devi & Ors. (supra), the Apex Court relying upon the judgment of the Supreme Court delivered in the case of Eshwarappa vs. C.S.Gurushanthappa, C.A. No. 7049 of 2002 = 2010(2) CCR 818 (SC), observed that the Tribunal was patently in error, in directing for the refund of the amount of 'no fault compensation' already paid to the claimant, by the Insurance company. The High Court was equally i

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