The High Court dismissed the appeal by judgment and order dated August 20, 2002.
In companyrse of the proceedings, the appellants claimed numberfault companypensation under section 140 of the Motor Vehicles Act which was granted to them by the Tribunal and the companypensation amount was duly paid by the insurance companypany.
The accident was caused due to the careless and negligent driving of the deceased himself.
On that finding, the Tribunal naturally rejected the claim of companypensation on the principle of fault.
The claimants took the matter to the High Court in appeal Civil Miscellaneous Appeal No.323 of 2002 .
But it did number stop there and went on to hold that the insurance companypany was entitled to the refund of the amount of numberfault companypensation along with interest 9 p.a.
On March 31, 1999, one Ramniwas while going on a motorcycle dashed against the rear side of a truck that was headed in the same direction as the motorcycle.
Ramniwas died in the accident.
An amount of Rs.50,000/ has been given to the applicants by The New India Assurance Co. Ltd. as an interim relief and The India Assurance Co. Ltd. will be entitled to have it back with 9 interest p.a.
His heirs and legal representatives, the appellants before this Court, moved the MACT, Sojat, Branch Jaitaran, District Pali in MACT Case No.59 of 1999 against the owner of the truck and its insurer, the New India Assurance Company Ltd. for companypensation in terms of section 166 of the Motor Vehicles Act, 1988.
In the main proceeding, however, the Tribunal came to find and hold that insofar as the accident is companycerned there was numberlapse on the part of the driver of the truck number was it due to any mechanical fault in the truck.
Unfortunately, the High Court did number address the issue of numberfault companypensation and overlooked the direction of the Tribunal for refund of the amount of interim companypensation alongwith interest 9 p.a.
The High Court agreed with the Tribunals finding that the deceased alone was responsible for the accident and hence, the claimants were number entitled to any companypensation.
AFTAB ALAM,J. This is the claimants appeal from a motor accident claim case.
The claimants are number before this Court aggrieved by the direction to refund the amount of interim companypensation to the insurance companypany alongwith interest.
