NATIONAL INSURANCE CO. LTD. Vs. PERMANENT LOK ADALAT

JUDGEMENT

(1.) Heard Sri A.C. Nigam, learned counsel for petitioner and learned Standing Counsel for the State.

(2.) Petitioner contested the claim by denying factum of accident and by alleging that respondent/ claimant colluded with the owner of offending auto rickshaw as the latter did not intimate the Insurance Company of the alleged accident. It was further alleged that such a claim is exclusively triable by a Claims Tribunal constituted under the Motor Vehicles Act, 1988. The owner too contested the claim by denying the factum of accident, but admitted the insurance of offending vehicle with petitioner- Insurance Company and thus alleged that liability if any is of the Insurance Company.

(3.) It appears that the Permanent Lok Adalat attempted to conciliate the matter between the parties, but could not succeed, thus proceeded to adjudicate the issues on merits.