JUDGEMENT
-
(1.) The petitioner in this writ application, has challenged the Award passed by the Permanent Lok Adalat in PLA Case No. 4 of 2004 whereby in purported exercise of its powers under section 22 (C) of the Legal Services Authority Act, 1987, the Permanent Lok Adalat has held that the petitioner Insurance Company is liable to pay interim compensation to the claimant under section 140 of the Motor Vehicles Act on account of the premature death of Satya Narayan Tanti @ Sayid Tanti which had occurred in a road accident involving a motor vehicle (Truck) belonging to the respondent no. 6.
(2.) Respondents 1 to 5 have appeared through their lawyer Sri S. Kumar by executing vakalatnama, but they did not offer any contest either by filing any counter-affidavit or by appearance of their lawyer. Accordingly, this application was taken up for hearing on the merits of the petitioner's writ application.
(3.) The petitioner has assailed the impugned Award of the Tribunal on the following grounds:
i. That the permanent Lok Adalat had exceeded its jurisdiction in deciding the case on merits. ii. The petitioner Insurance Company had contested the claim of the claimant and had never consented for the dispute to be referred to and decided by the Permanent Lok Adalat on merits of the dispute . iii. Before passing the Award, the Permanent Lok Adalat did not formulate or offer any terms of settlement, as required under the provisions of Section 22(C) (8) of the Legal Services Authorities Act.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.