UNITED INDIA INSURANCE COMPANY LTD. Vs. MADHU BEN

JUDGEMENT

(1.) THE petitioner, seeks to challenge the award dated 04.03.2008 (Annexure P-5) passed on the basis of compromise between the parties on the ground that the same was result of bona fide mistake, as one more application was pending consideration and the same could not be pointed out at the time of compromise entered between the parties.

(2.) THE basis of award in Lok Adalat is comp: omise/agreement between the parties. There is no grievance or complaint that the award was obtained either on the basis of misleading of facts or on the basis of non-submission of the consent by the parties. The petitioner herein i.e. Union India Insurance Company Limited was a party before the Lok Adalat also, which was settled by way of award. Thus, this petition cannot be entertained on the basis of bona fide believe, when there is no allegation of any misconduct or error or irregularity in the procedure.

(3.) SO far as, maintainability of writ petition is concerned, the writ petition against an award passed on the basis of compromise before the Lok Adalat, cannot be questioned, unless there is a complaint of misconduct, procedural irregularities and error apparent on the records.