JUDGEMENT
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(1.) High Court Legal Services Committee held its meeting on
14.05.2012 to sort out certain issues coming in the way of functioning of
Daily Lok Adalats and to explore the ways and means to increase the
disposal of Daily Lok Adalats.
(2.) In the said meeting, senior officers of various insurance
companies were also invited for this purpose. Main reason for holding
this meeting was that the Judges of Daily Lok Adalats were finding that
certain Insurance Companies had taken procedural decisions which were
becoming impediment in settling the cases, particularly the officers of
Oriental Insurance Company Ltd. were taking the stand before the Lok
Adalats that they have the instructions from Regional Manager that no
compromise should be negotiated or entered into with the appellant(s) for
enhancement of compensation where the amount of compensation
awarded by Motor Accident Claims Tribunal has already been withdrawn
by the claimant(s). This meant that almost in all the cases the Company
cannot enter into compromise for enhancement of compensation before
the Lok Adalat as in 99% of the cases the claimant(s) accepts the amount
deposited by the Company which is awarded by the Motor Accident
Claims Tribunal and thereafter file an appeal.
(3.) It transpires that this posture was taken having regard to
the letter dated 01.12.2011 of the D.G.M. of Oriental Insurance Company
vide which decision was communicated to its counsel(s). This letter reads
as under:-
"Compromise in Appeal cases filed by claimants for
enhancement of Award after release of Award by
Tribunal:
With reference to the above and the
correspondence exchanged on the subject, we reiterate
that the issue has been discussed at the highest level
and it has been decided that in all cases where MACT
Award has been released by Tribunal to the petitioners
and where claimants have thereafter preferred Appeal
in High Court for Enhancement of Award, then such
cases should not be compromised in Lok Adalats at
your level without consulting Head Office."
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