G.L.Gupta, J. - (1.) This is writ petition under Articles 226 and 227 of the Constitution of India, wherein the order dated 6.8.1999, passed by the learned Judge of the Motor Accidents Claims Tribunal, Jaipur, has been called in question.
(2.) The relevant facts are these. Abdul Salam (deceased) and others were travelling in bus No. RJ-14-P-0111 belonging to R.S.R.T.C. on 21.4.1992. There was collision of the bus with truck No. RNG 218. The legal representatives of the deceased Abdul Salam and the injured filed claim petitions before the M.A.C.T., Jaipur. The learned Judge of the Tribunal passed an order under section 140 of the Motor Vehicles Act (for short 'the Act'), awarding Rs. 25,000 to the claimants on the principle of 'no fault liability'. This amount was deposited by the petitioner insurance company, who was the insurer of the truck. The claim petition was finally decided on 28.9.1998, wherein the Tribunal held that the accident had occurred on account of negligence of the driver of the bus and there was no fault of the driver of the truck. The Tribunal passed an award only against the R.S.R.T.C. and its driver. Thereafter, the petitioner insurance company filed an application before the Tribunal to direct the R.S.R.T.C. to pay Rs. 25,000 to it, which were paid by the petitioner under section 140 of the Act to the claimants. That application was dismissed by the Tribunal on 6.8.99. Hence, this writ petition.
(3.) Mr. Bardar, pointing out that the petitioner had to pay Rs. 25,000 to the claimants under the orders of the Tribu- nal and the Tribunal ultimately has come to the conclusion that the accident had occurred due to rash and negligent act of the driver of the bus, contends that the R.S.R.T.C. is liable to refund the amount to the petitioner.;