- (1.)The appellant is found to have preferred instant appeal against the judgment dated 21st July, 2010 whereby the Motor Accident Claims Tribunal, Jaipur City, Jaipur dismissed the claim petition of the appellant-claimant filed under Section 166 read with section 140 of the Motor Vehicles Act.
(2.)The facts of the case are that on 11th August, 2006, at about 1.45PM when the appellant-claimant after purchasing some articles from the shop situated opposite to the Samrat Cinema, was going towards his shop at the way side of the road, one Auto-riksha bearing registration No.RJ-14-PA-3747 suddenly emerged on wrong side and hit him. It is alleged that the offending vehicle was being driven by its driver rashly and negligently, as a result of which, the injured claimant sustained injuries. The Tribunal did not rely upon the story of accident as narrated by the claimants and observed that the contradictions seeming in the statements of witnesses with regard to accident were galore which evinced the story of accident improbable. The manner, in which the story of accident has been projected, it castes doubt about its credibility.
(3.)Having argued for some time, the learned counsel for the appellants submitted that he did not press the appeal but canvassed that the Tribunal while dismissing the claim petition had directed the claimant to refund the amount of interim compensation i.e. Rs.25,000/- to the Insurance Co., which was paid under Section 140 of the Motor Vehicles Act. The Tribunal further directed that in case the amount of 'no fault liability' i.e Rs.25,000/- was not deposited by the claimants, the respondent No.4-Bajaj Allianz Insurance Co. Ltd. had been held entitled to make recovery thereof from him. Learned counsel implores that the Insurance Co. may be directed not to recover the said amount of 'no fault liability' from the claimants. To justify his prayer, he has cited one judgment of Apex Court rendered in the case of Indira Devi & Ors. Vs. Bagada Ram & Anr., 2010 ACJ 2451 in support thereof.