ORIENTAL INSURANCE CO. LTD. Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) I.A. (Civil) No.69/2016 has been filed for condonation of delay of Review Petition. Both IA (Civil) No.69/2016 and Review Petition are heard. There is a delay of 32 days in filing Review Petition. For the reasons stated in the application, delay is condoned and review petition is allowed.

(2.) Four complaints were made by the claimants of Motor Accident Claim Cases to the Hon "â„¢ble Chief Justice (Acting) alleging non-cooperation on the part of Insurance Companies in settling their cases. These complaints were registered as PIL (Suo Motu). And also vide order dated 9.10.2015 while issuing notices to almost all the Insurance Companies operating in the State directions have been given to settle the Motor Accident Claim cases on certain terms and conditions. Aggrieved, the Oriental Insurance Company and New India Assurance Company have filed the review application for recalling of order dated 9.10.2015. It is stated in the application that order dated 9.10.2015 is opposed to the very principle of amicable settlement of disputes in Lok Adalat.

(3.) After hearing the counsel for the Insurance Companies, we agree with the applicants that the order sought to be recalled is against the principle of amicable settlement of disputes in Lok Adalat. In Lok Adalat, the parties cannot be put to any pressure or compelled to settle their disputes. They are only to be motivated and persuaded by reasoning of advantages in settling disputes between them. In the Lok Adalat, when a dispute is settled, no one losses or wins, because it is amicably settled between the parties. We, therefore, allow the application and recall the order dated 9.10.2015.