Ajay Tewari, J. - (1.) C.M. No. 1192 -CII of 2010
(2.) THIS is an application for recalling the order dated 01.09.2006 passed by the Permanent Lok Adalat of this Court. The ground taken is that the applicant -respondent No. 4 was the widow of the deceased who also has a minor child. The original claim petition was filed by her along with the father and two sisters of the deceased. After the award was passed she was given assurance that appeal shall be filed on her behalf also though the same had not been filed on her behalf and she and her child was impleaded as pro forma respondents. When the case came up for hearing before the Lok Adalat one of the sisters represented herself to be the widow and by order dated 01.09.2006 she was granted an amount of Rs. 35,000/ - more. All this was done behind the back of the applicants and consequently prayer has been made to recall the said order and to hear the case on merits. Dasti notices have been served upon the appellant No. 1 -non -applicant -sister but none appears on her behalf. In the circumstances, there seems to be no reason why this prayer should not be accepted.
(3.) LEARNED counsel for the respondent No. 3 -insurance company states that once the insurance company has paid the amount the case cannot be reopened.;