In a civil miscellaneous appeal, the single judge bench held that compensation paid under Section 140 of the Motor Vehicles Act, 1988 under no-fault liability cannot be recovered from the insurer even if the claim petition is dismissed, relying on Indra Devi case.
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[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
----Respondents
For Appellant(s) : Mr. Ram Singh Rathore, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
14/11/2025
(2 of 2)
[2025:RJ-JP:46019]
[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.
(ASHUTOSH KUMAR),J
TANISHA /71
1 issue framed by the court
Whether compensation paid under Section 140 of the Motor Vehicles Act, 1988 on the principle of no fault liability can be recovered if the claim petition is dismissed.
Colour shows how this judgement treated each authority
Indra Devi & Ors. Vs. Bagada Ram & Anr.Applied¶22
(2010) 13 SCC 249 · Who else cites this
1 provisions across 1 enactments
The New India Assurance Company Limited
Smt. Suja Devi
Bhim Singh
Vijay Kumar Meena
Sita Ram
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
