RAMJI LAL Vs. RAJEEV GARG

JUDGEMENT

(1.) This appeal has been filed by the claimant under section 173 Motor Vehicles Act against the award dated 5.3.2008 passed by Judge, Motor Accident Claims Tribunal (Additional District Judge Fast Rack No. 7) Jaipur City Jaipur in Claim case No. 108/2006 (1606/2004), whereby the claim petition filed by the claimant was rejected.

(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(3.) Mr. Virendra Agarwal, the learned counsel for the appellant has requested to this court that in the light of the judgment delivered by the Apex Court in Indra Devi and others vs. Bagada Ram and another, 2010 ACJ 2451 insurance company and the learned counsel for the claimant jointly made a request to this court that the matter should be remanded back to the MACT to decide the matter as a fresh on issues 2 and 3. The learned counsel for the insurance company placed reliance on Oriental Insurance Co. Ltd. Vs. Angad Kol and others, 2009 ACJ 1411 and argued that the amount that has been paid under no fault liability may not be recovered if the claim petition is dismissed.