DIVISIONAL MANAGER Vs. MUKTAMANI PREM

JUDGEMENT

(1.) THE petitioner, United India Insurance Company, which was opposite party No. 2 in M.J.C. No. 111 of 1991, in the file of the Motor Accident Claims Tribunal, Kalahandi, Bhawanipatna, has filed this writ petition with a prayer to quash order dated 28.07.1996 (Annexure -5) as well as order dated 04.02.1997 (Annexure -8) passed by the learned M.A.C.T., Kalahandi -Nuapada at Bhawanipatna in M.J.C. No. 97 of 1996 refusing to set aside the compromise dated 28.07.1.996.

(2.) HEARD Mr. Mohanty, learned Counsel for the appellant.

(3.) AGAINST the said award/order dated 28.07.1996, the petitioner filed petition under Section 151 C.P.C. praying to set aside the award passed by the Tribunal on the basis of compromise (M.J.C. No. 97 of 1996). The Tribunal after considering the materials on record vide order dated 04.02.1997 disposed of the said application with the observation that since the case was amicably settled and compromised between the applicants and the Insurance Company and later on order was passed in the matter as per the terms and condition of the compromise petition filed by both parties, the present petition filed by the Insurance Company has got no legal entity. The Tribunal also held that as per Section 16(1) of the Legal Services Authorities (Amendment) Act, 1994, once a case decided, settled or amicably compromised in the Lok Adalat and order was passed accordingly, the said order cannot be revised or appealed against and it deems to be a decree of the Civil and accordingly rejected the petition filed by the Insurance Company to set aside the order dated 28.07.1996 passed in Lok Adalat. Hence this writ petition has been filed against the above orders of the Tribunal.