Smt. Dhapu and Others vs Ajmer Vidyut Vitran Nigam Ltd. and Another

Mohammad Rafiq, J.—This appeal has been filed by the appellants aggrieved by the order dated 30/5/2007 whereby the learned Additional District Judge (Fast Track) No. 2 Ajmer camp Beawar dismissed the suit filed by the appellants for award of compensation on the premise that the deceased died due to electrocution while they were committing theft of electricity and issued directions for recovery of Rs. 50,000/- already awarded to the appellants by way of interim compensation under ''no fault liability''. Contention of the learned counsel for the appellants is that the Tribunal cannot issue directions for recovery of the amount already paid to the claimant-appellants under the head of no fault liability and in support of his argument, he has placed reliance on the judgment in Indra Devi and Others Vs. Bagada Ram and Another, in which it has been so held by the Hon''ble Supreme Court.

Upon hearing learned counsel for the parties and perusing the impugned judgment and decree dated 30/5/2007, I find that the Supreme Court in the aforesaid case in the similar set of circumstances while allowing the Special Leave to Appeal of the claimants in Indra Devi supra, directed that the order of the Tribunal in so far as it permits the insurance company to recover the amount of interim compensation along with the interest from the claimants-appellants is set aside. In the result, the appeal is allowed and the impugned judgment and decree passed by the court of learned Additional District Judge (Fast Track) No. 2 Ajmer camp Beawar in Civil Suit No. 81/2006 (73/05, 50/2001) (Smt. Dhapu and ors. vs. Ajmer vidyut vitran Nigam Ltd. & Ors.) dated 30/5/2007 is set-aside and it is directed that the amount of Rs. 50,000/- already paid to the claimant-appellants under the head of ''no fault liability'' shall not be recovered in the light of judgment of Supreme Court in Indra Devi supra.