NATIONAL INSURANCE CO LTD Vs. VIJAY KUMAR SHARMA

JUDGEMENT

(1.) HEARD the parties for final disposal.

(2.) THE judgment dated 16-9-2006 passed by the Permanent Lok Adalat, Ranchi has been challenged in this writ petition under article 227 of the Constitution of India.

(3.) MR. Alok Lal, appearing for the petitioner insurance Company submitted as follows:-Permanent Lok Adalat had no jurisdiction to decide this case in which the Insurance company disputed the claim. In support of this contention, he relied on the judgments of the Supreme Court-State of Punjab v. Phulan Rani [ (2004) 7 SCC 555 : (AIR 2004 sc 4105)] and State of Punjab v. Ganpat Raj (2006 AIR SCW 4585) : (AIR 2006 SC 3089 ). The contract of insurance was only between the Insurance Company and the insurer and, therefore, the Insurance company is not liable to pay third party claim raised by the respondents and the same will not come in the "insurance service" as defined under S. 22-A (b) (vi) of "public utility service" under the Legal Services Authorities act, 1987 (for short "the Act" ). The owner, driver and insurer of the standing truck with which the Car in question dashed are also liable, but they were not made parties.