CHANDRA SHEKHAR Vs. PARASMANI ROSD LINE PVT LTD

JUDGEMENT

(1.) The question that emerges for consideration in this writ petition is whether a consenting party, who had agreed for the settlement before the Lok Adalat after which an award was also passed in his favour could be allowed to challenge the same before the High Court by filing a writ petition under Article 226 of the Constitution in absence of any plea that the settlement took place under any kind of duress or undue influence.

(2.) The claimant-appellant suffered an injury as a result of the accident caused by truck bearing No. RJ 14-G 2698 which was insured with New India Assurance Co. Ltd., respondent No. 3. A proceeding was, therefore, initiated before the Motor Accidents Claims Tribunal, Jaipur and while this proceeding was pending, the matter was referred to the Lok Adalat which was held in the year 1996. Claimant-appellant who is working as Lower Division Clerk in Parasmani Road Lines Pvt. Ltd., had sustained injuries on several parts of his body, but after the treatment, the injury which had been sustained by him in the accident, has affected his left hand. During pendency of this proceeding before the Tribunal, a Lok Adalat was held in the year 1996 and a settlement was arrived at between the claimant and New India Assurance Co. Ltd. for a sum of Rs. 45,000. An order was thereafter passed by the Lok Adalat regarding settlement of the claim.

(3.) It has been stated that this award passed before the Lok Adalat was not honoured by New India Assurance Co. Ltd., respondent No. 3 and, therefore, it insisted for adjudication of the claim before the Tribunal and thereafter, the claim was scrutinised before the Tribunal and there also the award of Rs. 45,000 which was passed in the Lok Adalat was maintained.