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Bhanwar Lal vs Umar Chipa And Ors. (2024:Rj-Jd:41280) on 8 October, 2024 cites

Eshwarappa @ Maheshwarappa &Anr vs C.S. Gurushanthappa & Anr on 18 August, 2010

In view of the above discussion, the direction to the Insurance Company to recover back the amount from the claimant qua 'no fault liability', as granted by learned Tribunal, cannot be (Downloaded on 09/10/2024 at 09:50:47 PM) [2024:RJ-JD:41280] (6 of 6) [CMA-2075/2013] upheld in the light of judgment of Hon'ble Apex Court in the case of Eshwarappa (supra).
Supreme Court of India Cites 8 - Cited by 106 - A Alam - Full Document

Indra Devi & Ors vs Bagada Ram & Anr on 18 August, 2010

7. In the view of this Court, the amount paid qua 'no fault liability' cannot be recoverable as although the learned Tribunal had rejected the claim petition on the ground of non-involvement of the vehicle in question but the amount qua 'no fault liability' is deemed to be awarded at the initial stage itself to provide immediate relief to the injured or the dependants of the victim without going into the merits of the case and hence it cannot be recovered at the later stage. The same view was also expressed by the Hon'ble Apex Court in the case of Indra Devi and Ors. vs. Bagada Ram and Ors. : (2010) 13 SCC 249, wherein while dealing with the similar situation akin to the present case, the Court held as under:
Supreme Court of India Cites 2 - Cited by 64 - A Alam - Full Document
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