- (1.) Heard Sri A.C. Nigam, learned counsel for petitioner and learned Standing Counsel for the State. The National Insurance Company has preferred this writ petition against award dated 27.03.2012 passed by Permanent Lok Adalat, Jhansi awarding Rs.29,186/- as compensation. Respondent no.2/ Smt. Gayatri filed a claim petition before the Permanent Lok Adalat, Jhansi alleging that on 13.11.2011 at about 12:30 noon, while she along with her husband were going to Hansari in an Auto Rikshaw (UP93- T 7841), which was rashly and negligently driven, turned turtle, sustaining fracture in her collar-bone and ribs, incurring medical expenses for treatment and loss of income, claimed Rs.3,00,000/- as compensation.
(2.) Petitioner contested the claim by denying factum of accident and by alleging that respondent/ claimant colluded with the owner of offending auto rickshaw as the latter did not intimate the Insurance Company of the alleged accident. It was further alleged that such a claim is exclusively triable by a Claims Tribunal constituted under the Motor Vehicles Act, 1988. The owner too contested the claim by denying the factum of accident, but admitted the insurance of offending vehicle with petitioner- Insurance Company and thus alleged that liability if any is of the Insurance Company.
(3.) It appears that the Permanent Lok Adalat attempted to conciliate the matter between the parties, but could not succeed, thus proceeded to adjudicate the issues on merits. Issue No.1 related to the jurisdiction of the Permanent Lok Adalat. The Permanent Lok Adalat, after examining the provisions of Section-22-C of the Legal Services Authority Act, 1987 was of the view that such a claim would be cognizable before it. Issue No.2 related to as to whether claimant sustained injuries on account of rash and negligent driving of driver of the offending vehicle. The Permanent Lok Adalat after examining the evidence of the claimant/ injured, FIR lodged against the owner of the offending vehicle in Case Crime no.483 of 2011 under Sections 279, 338 of IPC read with Section 183 of the Motor Vehicles Act and after perusing the affidavits (66 Kha & 67 Kha) of Investigator and Administrative officer of the Insurance Company and medical reports, 67 Kha, 37-Ga, 39-Ga and 40-Ga (X-ray plate indicating fracture of the collar-bone and the two ribs) held that claimant-respondent no.2 did sustain injuries in the alleged accident. Issue no.3 related to the quantum of compensation to be awarded. The Permanent Lok Adalat after considering the evidence in support of medical expenses incurred by respondent no.2, granted Rs.29,186/- as compensation by award dated 27.03.2012.;