UNITED INDIA INSURANCE CO LTD Vs. HUKUMSINGH

JUDGEMENT

(1.) "what the legislature has given, the Court cannot deprive of by way of an exercise in interpretation when the view which renders the provision potent is equally plausible as the one which renders the provision impotent. " This is what was said by the Supreme Court in the case of Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan and Ors. , 1987 MPLJ (SC) 347 = 1987 (1) TAC 471.

(2.) THE present case is still on a better footing. The parties compromised in a Lok Adalat. The spirit behind quick settlement is sought to be nullified by the present litigation initiated by the United India Insurance Company Limited. The brief facts out of which this litigation arises may be noticed as under:

(3.) THERE was an accident involving a truck No. DIG 4129. This accident took place on 31st May, 1993. This matter was settled without any condition in the Lok Adalat held on 9th January, 1994. The Insurance Company agreed to pay Rs. 37,000/- to the claimants. It is this settlement arrived at in the Lok Adalat which was challenged before the VIII Additional Motor Accident Claims Tribunal, Gwalior. The tribunal did not agree with the contention raised by the insurance company. This is how the present petition has been filed under Article 227 of the Constitution of India.