NATIONAL INSURANCE CO. LTD Vs. ARTI BANERJEE

JUDGEMENT

(1.) The present petition has been preferred meinly for challenging the order, passed by the Permanent Lok Adalat Dhanbad, dated 14th September, 2007, in Permanent Lok Adalat Case No. 1312 of 2004 (Annexure-1 to the memo of petition), whereby, the Permanent Lok Adalat had decided the claim, on merits in favour of the respondents.

(2.) Learned Counsel for the petitioner has vehemently submitted that the Permanent Lok Adalat, Dhanbad has no power, jurisdiction and authority to decide the dispute of motor accident claim, on merits. Predominant role to be played by the Permanent Lok Adalat is of Conciliator and not of an adjudicator.

(3.) Secondly, it is submitted that no written consent was given by the petitioner to the Permanent Lok Adalat, Dhanbad for deciding the dispute, on merits, and, therefore, also looking to the decision, rendered by this Court, in the case of Eastern-Central Railway and Anr. v. Ashok Kumar Verma and Ors. as reported in, 2009 4 JLJR 129, the Permanent Lok Adalat Dhanbad had no power,Jurisdiction and authority to decide the dispute, on merits, and hence, the said impugned order deserves to he quashed and set aside.