NEW INDIA ASSURANCE Vs. ALOKA BHAKAT

JUDGEMENT

(1.) The present writ petition has been preferred against the order passed by the Permanent Lok Adalat, Jamshedpur in P.L.A. Case No. 441 of 2007 dated 1st October, 2008 mainly on the ground that the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties, on merits. Never any consent in writing, was given by the Petitioner to take a decision, on merits. The Motor Vehicle Accidents Claims Tribunal is already in existence under the Motor Vehicles Act, 1988. The present case is pertaining to motor accident and, therefore also, the Permanent Lok Adalat cannot decide the dispute, on merits.

(2.) It is submitted by learned Counsel for the Petitioner that the role of Permanent Lok Adalat is of a conciliator and not of an adjudicator.

(3.) Learned Counsel for the Petitioner further submitted that the Permanent Lok Adalat has never offered the terms of settlement, as required under Sub-Section 3 of Section 22C of the Legal Services Authority Act, 1987 and, thus, there is also a breach of the aforesaid Sub-section.