M.N.BHANDARI,J. - (1.) Learned counsel submits that while disposing of the claim petition, the amount awarded under section 140 of the Motor Vehicle Act was not made refundable.
(2.) I find that the issue aforesaid has already been decided by the Hon'ble Supreme Court in the case of " Indra Devi and ors v. Bagada Ram and anr", Civil Appeal No.1508/2004, decided on 18.8.2010 [2011 RAR 21 (SC)], holding that interim relief granted under section 140 would not be refunded even if the claim petition under section 166 of the Act is dismissed. It was observed that the expression 'no fault' suggests the compensation under section 140 is regardless of any wrongful act, neglect or default of the person in respect of whose death, the claim is made.
(3.) In view of aforesaid, I do not find any merit in the writ petition. Hence, writ petition is dismissed. Writ Petition Dismised. ;