[2025:RJ-JP:46019] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2027/2008 The New India Assurance Company Limited, Registered And Head Office At 87, Mahatma Gandhi Road, Fort, Mumbai, And Its Regional Office At Nehru Place, Tonk Road, Jaipur ----Appellant Versus 1. Vijay Kumar Meena S/o Shri Basant Lal Meena, R/o At Present A-6, Model Town Extension, Malviya Nagar, Jaipur Driver 2. Sita Ram S/o Shri Chaina Ram, R/o Tanki Walon Ki Dhani, Shiv Shakti Nagar-B, Malviya Nagar, Jaipur Owner 3. Smt. Suja Devi W/o Late Shri Sita Ram Gurjar, R/o Karkhon Ki Dhani, Near Rly Station, Sanganer, Distt. Jaipur 4. Bhim Singh S/o Late Shri Sita Ram Gurjar Minor Through Its Natural Guardian/mother Smt. Suja Devi, R/o Karkhon Ki Dhani, Near Rly Station, Sanganer, Distt. Jaipur ----Respondents For Appellant(s) : Mr. Ram Singh Rathore, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/11/2025 1. The present appeal has been filed with the following prayer: " It is, therefore, humbly prayed that the appeal of the appellant may kindly be allowed, and the judgment dated 25.02.2008 passed by the MACT/ADJ(F.T) No.3, Jaipur Distt. Jaipur in Claim Case No.179/08 (51/07) may kindly be modified by directing the claimants/or owner of the vehicle to re- imburse the appellant company a sum of Rs.50,000/- that had already been paid by it to the claimants under the interim award alongwith interest from the date of such amount was received by the claimants till the date of re-imbursement. [2025:RJ-JP:46019] (2 of 2) [CMA-2027/2008] Any other order/direction which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also kindly be passed in favour of the appellant. 2. As per the brief facts of the case, due to the death of respondent No.2-Sita Ram, the Claim Petition No. 179/2008 was filed by the claimant-respondent Nos. 3 and 4 before the learned Tribunal, whereby, the learned Tribunal dismissed the aforesaid Claim Petition, however, no direction was given to the claimant-respondent Nos.3 and 4 regarding re-reimbursement of the amount i.e. Rs.50,000/- paid by the appellant-Insurance Company to claimant-respondent Nos.3 and 4 under the principle of 'no fault liability' provided under Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'Act of 1988'). 3. It is well-settled principle that compensation paid in view of 'no fault liability'; which is provided under Section 140 of the Act of 1988, shall not be recovered, even if the Claim Petition is dismissed. The same principle has been laid down by the Hon'ble Apex Court in the case of Indra Devi & Ors. Vs. Bagada Ram & Anr. reported in (2010) 13 SCC 249. 4. Hence, in light of the judgment passed by the Hon'ble Apex Court in the case of Indra Devi (Supra), the appeal is dismissed. (ASHUTOSH KUMAR),J TANISHA /71