LAWS(JHAR)-2009-11-16

RAM PYARI DEVI Vs. ORIENTAL INSURANCE CO. LTD.

Decided On November 20, 2009
RAM PYARI DEVI Appellant
V/S
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners, in this writ application, have challenged the Award dated 20-1-2007 passed by the Permanent Lok Adalat, Dhanbad in P.L.A. Case No. 1233 of 2005, whereby the Lok Adalat has held that the case is not maintainable before the Lok Adalat, with a further observation that the petitioners may file fresh case for compensation under appropriate law before appropriate forum, if so advised.

(3.) ASSAILING the findings, learned counsel wants to explain that the Permanent Lok Adalat has erred in failing to take note of the fact that the identity of the Trekker, which was also involved in the accident and the identity of the owner of the Trekker and also of the Insurer of the Trekker, was known and in fact, they have been made parties to the proceedings. Learned counsel argues that in this view of the matter, the Permanent Lok Adalat could not refuse to entertain the case for settlement.