AJAY KUMAR GUPTA Vs. SABITRI KESHRI & OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order / award dated 7.12.2010 passed by the Permanent Lok Adalat, Jamshedpur in P. L. A Case No. 39/2010, whereby the petitioner-Insurance Company, for no fault liability, has been directed to pay compensation of Rs. 50,000/- to the respondent No.1.

(2.) The petitioner has challenged the said order on the grounds that the Permanent Lok Adalat has no jurisdiction to decide a case, which is not filed before it and it has also no jurisdiction to decide a disputed issue between the two parties.

(3.) Learned counsel for the petitioner submitted that the claim case was filed before the Motor Vehicle Accident Claims Tribunal, but subsequently it was transferred to the Permanent Lok Adalat and the impugned award has been rendered by the Permanent Lok Adalat. Learned counsel submitted that the matter was referred to the Permanent Lok Adalat for conciliation when conciliation failed, the matter should have been sent back to learned Tribunal. Learned counsel further submitted that the petitioner-Insurance Company never agreed for any settlement by the intervention of the Permanent Lok Adalat and therefore the Permanent Lok Adalat has no jurisdiction to adjudicate upon a disputed issue between the two parties.