Atul Kumar Jain, J. - (1.) Motor Accident Claim No. 23/2001 filed under Section 161 of the Motor Vehicles Act, 1988 by Chatter Pal Singh resident of Bijnor, Tel; Anoopgarh, District Sri Ganganagar was dismissed by Judge, Motor Accident Claims Tribunal, Anoopgarh, District Sri Ganganagar on 1.5.2003 because' Tribunal was convinced that F.l.R. No. 550/1999 was lodged by the claim;1 Chatter Pal Singh against Deep Singh and Sampat Singh, who are persons oil own community and o.f his own village in collusion with them. In criminal case driver Sampat Singh was acquitted by the Criminal Court and copy of judgment Ex. 9 was also produced before the Tribunal. In criminal case, not only Chatter Pal Singh but the witnesses Jalatn Singh and Hanuman Singh had also denied fact of alleged motor accident and in that situation, it can be said that there is clear cut contradiction in the statements of the claimant as well as his witnesses from their pervious statements given in criminal case. In criminal case, Sampat Singh, driver was acquitted from the charge under Section 279 of Indian Penal Code on merits and from the charges under Sections 337 and 338 of Indian Penal Code on the basis of compromise.
(2.) In the circumstances of the case, after hearing both the parties, I am fully convinced that the Tribunal was fully justified in dismissing the claim petition of claimant Chatter Pal Singh but so far as order of refund of interim compensation along with 9% annual interest in favour of the National Insurance Company Limited is concerned, this fact cannot be denied that since last eleven years,. Insurance Company has not bothered to recover the amount from Chatter Pal Singh even when there was no stay against the recovery in the matter. In the fitness of the things, at this belated stage, the order of Tribunal for refund interim compensation (given to the claimant under Section 140 of the Mr Vehicles Act, 1988) is hereby quashed. To that extent the impugned award of the Motor Accident Claims Tribunal, Anoopgarh shall stand modified. My views gets support from the judgment of the Hon'ble Apex Court delivered in the case Eshwarappa @ Maheshwarappa & Anr. v. C.S. Gurushanthappa & Anr., MACD 2010 (SC) 210.
(3.) The appeal of the appellant Chatter Pal Singh stands disposed of accordingly. A copy of this order be sent to the Motor Accident Claims Tribunal, Anoopgarh along with the record. Appeal disposed of.;