NEW INDIA ASSURANCE COMPANY LTD. Vs. CHANDNI MUKHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The order and award dated 08.03.2007 and 09.03.2007 passed by the Permanent Lok Adalat, Jamshedpur in PLA Case No. 72 of 2006 is under challenge wherein it has been awarded a sum of Rs. 1,44,000/- as compensation to claimants/respondent nos. 1 to 4 and directed the petitioner to pay the same within one month failing which the same shall be realised through process of law with interest @ 14 % per annum.

(2.) The claimants/respondent nos. 1 to 4 were issued and served notices earlier, but no one has entered appearance on their behalf. However, respondent no. 5, owner of the vehicle, has entered appearance through his counsel, but no one appeared on his behalf when the case is called out.

(3.) Contention of the petitioner is that in a Motor Vehicle Claim Case wherein the claim petition was preferred by the claimants before the Permanent Lok Adalat, Jamshedpur seeking compensation of Rs. 6,24,000/- on account of death of one Jethu Mukhi, who died in a road traffic accident on 27.07.2005 involving vehicle bearing registration no. JH05J-5082, the petitioner-Insurance Company was asked to appear. It is submitted by counsel appearing on behalf of the petitioner that the petitioner-company did not agree for conciliation, as according to the petitioner, the deceased was gratuitous passenger and for the same accident another injured namely Dilip Soren instituted an F.I.R. and stated that he and the deceased had boarded the offending vehicle and were sitting atop the slag when it overturned, therefore it is clear that the deceased was not a third party rather a gratuitous passenger.