BISHWANATH PRASAD Vs. ASHOK KUMAR DUBEY

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Although, respondent no. 1 has entered appearance, but no one appears on his behalf.

(2.) This writ petition has been preferred for challenging the order dated 15.10.2007 passed by the Permanent Lok Adalat, Jamshedpur in P.L.A. Case No. 107 of 2006 whereby the claim of the respondent no. 1 has been allowed and compensation of Rs. 91,468/- has been awarded to him fixing liability upon the petitioner.

(3.) According to the petitioner, the claim petition was preferred by the respondent no. 1 in Pre-Litigation Case under Section 166 of the Motor Vehicles Act, 1988 alleging therein that on 12.9.2004 in the afternoon he met with an accident while driving his Motorcycle, on account of rash and negligent driving of the Tempo bearing Registration No. BR16A-0730, which was registered in the name of the petitioner. According to the petitioner, the said Tempo had been transferred to one Dharmendra Kumar Gupta, who has been impleaded as respondent no. 2 by the petitioner and on 2.6.2004, the Tempo was in his possession as the vehicle was also released to him by the learned Chief Judicial Magistrate, Jamshedpur in G.R. Case No. 1520 of 2004 vide order dated 17.12.2004. According to the petitioner, he appeared on notice before the Permanent Lok Adalat, Jamshedpur and contested the claim of the claimants on merits showing that the vehicle, on the date of accident, was not owned by him, but the learned Court, without following the procedure prescribed under the Legal Services Authorities Act, 1987, has proceeded to decide the claim award and compensation holding that the petitioner is liable for the same by adjudicating the dispute on merit.