- (1.) HEARD learned counsel for the parties.
(2.) THE petitioners, in this writ application, have challenged the Award dated 20-1-2007 passed by the Permanent Lok Adalat, Dhanbad in P.L.A. Case No. 1233 of 2005, whereby the Lok Adalat has held that the case is not maintainable before the Lok Adalat, with a further observation that the petitioners may file fresh case for compensation under appropriate law before appropriate forum, if so advised. Learned counsel for the petitioners would want to explain by reference to the facts of the case that, the accident in which the deceased had sustained fatal injury, involved two vehicles. One vehicle was a Trekker in which the deceased was travelling and the other, a Truck which had hit the Trekker and had fled away. The Permanent Lok Adalat, on perusal of the corresponding F.I.R., had observed that the identity and the Registration No. of the vehicle which had hit the Trekker could not be ascertained and upon such observations, had noted that the facts of the case suggested that it was a hit and run accident case under the provisions of S.161 of the Motor Vehicles Act and as such, the matter was not maintainable for settlement of the dispute by the Permanent Lok Adalat.
(3.) ASSAILING the findings, learned counsel wants to explain that the Permanent Lok Adalat has erred in failing to take note of the fact that the identity of the Trekker, which was also involved in the accident and the identity of the owner of the Trekker and also of the Insurer of the Trekker, was known and in fact, they have been made parties to the proceedings. Learned counsel argues that in this view of the matter, the Permanent Lok Adalat could not refuse to entertain the case for settlement.;