DIVISIONAL MANAGER, NATIONAL INSURANCE CO. Vs. KESHARI DEVI

JUDGEMENT

(1.) The present petition has been preferred against the order, passed by the Permanent Lok Adalat, Ranchi, in Permanent Lok Adalat Case Nos. 5 & 6 of 2004 dated 11th February, 2005 (Annexure 6 to the memo of petition), mainly on the ground that the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties, on merits, since never any consent, in writing, was given by the petitioner before the Permanent Lok Adalat, Ranchi.

(2.) Moreover, learned counsel for the petitioner has relied upon Section 22C of the Legal Services Authority Act, 1987 and has pointed out that there is gross violation of Section 22C (4) as well as Section 22C (7 & 8) of the Act, 1987 and, therefore, the award passed by the Permanent Lok Adalat, Ranchi, deserves to be quashed and set aside.

(3.) Learned counsel for the petitioner has relied upon several decisions, including the decision, rendered by this Court in W.P.(C) No. 2477 of 2008, decided on 26th April, 2010, and submitted that in view of the aforesaid decision also, the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties and the Permanent Lok Adalats are not supposed to adjudicate the dispute, without there being any consent, in writing, by the parties.