RAJESH SHANKAR,J. - (1.) Heard the learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 06.09.2006 passed by the Permanent Lok Adalat, Ranchi (hereinafter referred as PLA) in P.L.A Case No. 151 and 152 of 2005, whereby applications filed under Section 22C of the Legal Services Authority Act, 1987 (hereinafter referred to as "the Act, 1987") read with Sections 140 and 166 of Motor Vehicle Act, 1988 (hereinafter referred to as "the Act of 1988") were allowed directing the petitioner to pay compensation of Rs. 2,68,000/- along with interest @ 9% to the respondent no. 1 from the date of filing of the application till the actual date of payment.
(3.) The factual background of the case is that one Bodya Oraon (respondent no. 1 herein) filed applications under Section 22C of the Act, 1987 r/w Sections 140 and 166 of the Act of 1988 before PLA, Ranchi being P.L.A Case Nos. 151 of 2005 and 152 of 2005. In the said claim petitions, the respondent no. 1 claimed that on 23.12.2004, her mother Modail Orain was travelling on the truck bearing registration no. BR42G7347 and was going to the house from Lohardaga and while on the way, the truck got imbalanced and dashed one Armada Jeep resulting into death of Modail Orain. The petitioner appeared in that case and filed written statement raising maintainability of the applications before the Permanent Lok Adalat. However, the PLA framed the issues, took evidence and finally decided the cases on merit directing the petitioner to pay compensation of Rs. 2,68,000/- with interest @ 9% from the date of filing of the applications in favour of the respondent no. 1 on account of death of Modail Orain, but the petitioner was held entitled to recover the said amount from the owner of the Truck (respondent no. 2 herein). It is further held that the dispute relates to transport of passengers by road as well as motor vehicle insurance which is a public utility service as defined under Section 22C of the Act of 1987.;