[2025:RJ-JP:47671]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5130/2004

1. Pappu Alias Ajmer Singh S/o Shri Ramratan Singh Yadav

2. Dilip Kumar S/o Shri Nabab Singh

3. Rampal Singh Alias Rampratap S/o Shri Nabab Singh, All Residents of Village Jaitpura Tehsil Kishanganj, District Baran.

----Petitioners Versus

1. Motor Accident Claims Tribunal, Baran.

2. United Insurance Company Limited Through Its Branch Manager, Baran.

3. Dumpher Alias Shobha Ram S/o Shri Late Roogha

4. Rukmani D/o Late Shri Roogha

5. Dharmendra Now Major S/o, Jaitpura, Tehsil Kishanganj, District Baran.

----Respondents For Petitioner(s) : Ms. Meenal Bhargava for Mr. J.P. Goyal For Respondent(s) : Mr. Bhanu Prakash Verma for Ms. Archana Mantri HON'BLE MR. JUSTICE ANAND SHARMA

Order

25/11/2025

1. This writ petition has been filed by the petitioners challenging order dated 06.07.2004 passed by the Motor Accident Claims Tribunal, Baran, whereby directions have been given against the petitioners to refund the amount of no fault liability, which was earlier released by the respondents- Insurance Company in compliance of order dated 04.12.2001.

2. It is submitted that non-petitioners No. 3 to 5 filed one claim petition referring an accident, which took place on 07.02.2001 in which mother of the claimants died. It is submitted that the tractor No. RJ 28-R-6597, which was driven by petitioner No.1 and owned by petitioner Nos. 2 and 3 was duly insured under a valid policy issued by United Insurance Company Limited. It is submitted that after filing of the claim petition, one order under Section 140 of the Motor Vehicles Act, 1988 with regard to no fault liability was passed on 04.12.2001, whereby directions were given to the Insurance Company to make payment of Rs.50,000/- under the head of no fault liability to the claimants non-petitioner Nos. 3 to 5. Accordingly, payment was made by the Insurance Company.

3. Thereafter, the claim petition was tried by the Motor Accident Claims Tribunal, Baran and award dated 24.07.2003 was passed, wherein on account of negligence of the driver, the Insurance Company was absolved and simultaneously liberty was also given to the Insurance Company for making recovery of aforesaid amount of no fault liability earlier paid by the Insurance Company to the claimant and such recovery was directed to be made from the petitioners.

4. It is submitted that pursuant to such award one execution application was filed by the Insurance Company for directing the petitioners to make payment of aforesaid amount of Rs.50,000/- and on that application, impugned order dated 06.07.2004 has been issued whereby the petitioners have been directed to refund amount of Rs.50,000/- earlier paid as no fault liability to the Insurance Company.

5. Learned counsel for the petitioners submits that the learned Tribunal has ignored the vital fact that the award dated 24.07.2003 has been satisfied by the petitioners by entering into compromise with the claimants and after making payment of the necessary amount as decided in compromise. Learned counsel further submits that once amount under Section 140 of the Motor Vehicles Act, 1988 is released by the Insurance Company, there is no provision whatsoever to recover the same, therefore, order dated 06.07.2004 passed by the learned Tribunal is without jurisdiction and illegal.

6. Learned counsel for the petitioners relied upon the judgment of the Co-ordinate Bench of this Court in the case of Dungar Singh Vs. Naresh Kumar Patidar & Ors. reported in 2013 3 DNJ 1102, judgment of the Hon'ble Supreme Court in the case of Indra Devi & Ors. Vs. Bagada Ram & Anr. reported in 2010 (6) Supreme 383. She also relied upon the another judgment of this Court in the case of The New India Assurance Co. Ltd. Vs. M.A.C.T. Jaipur & Ors. reported in 2000(4) WLC (Rajasthan) 130

7. Learned counsel for the respondents- Insurance Company opposed the instant petition and submitted that award dated 24.07.2003 has not been chall