D.G.R.PATNAIK, J. - (1.) CHALLENGE in these writ applications is to the Awards of the Permanent Lok Adalats on the dispute between the parties relating to the claim put forth by the individual applicants/respondents, for payment of compensation under the Motor Vehicles Act, in respect of the piemature death of persons, who died in road accidents involving motor vehicles and on whose earnings the applicants were dependant.
(2.) THE petitioners in these writ applications are the insurers, who have challenged the Awards of the Permanent Lok Adalat on inter alia the following grounds: (i) that the Award of the Permanent Lok Adalat on merits of the case in purported in exercise of the powers under Section 22C(8) of the Legal Services Authorities Act, 1987 (in short the 'Act'), is without jurisdiction and in excess of its authority vested under the law. (ii) The petitioners/insurers, in each of the cases had contested the claims of the applicants and had never consented for the dispute to be referred to and decided by the Permanent Lok Adalat on merits. (iii) Before passing the Awards, the Permanent Lok Adalat did not formulate or offer any terms of settlement, as required under the provisions of Section 22C(8) of the Legal Services Authorities Act. On the basis of the aforesaid mentioned grounds, the petitioners have raised a pertinent question as to whether a Permanent Lok Adalat established under Chapter VI - A of the Legal Services Authorities Act, 1987 can adjudicate and decide upon and pass an Award in disputed cases.
(3.) LEARNED Counsel for the petitioners in each of these cases, have commonly relied upon the following judgments in support of their contentions: (I) Bharat Sanchar Nigam Ltd. V/s. The State of Jharkhand 2008 (3) JLJR 513, (II) State of Punjab V/s. Jalour Singh (2008) 2 SCC 660 (III) United India Insurance Co. Ltd. V/s. Ajay Sinha (2008 7 SCC 454, (IV) Oriental Insurance Co. Ltd. V/s. Manju Devi and Ors. W. P. (C) No. 836 of 2008, (V) National Insurance Co. V/s. Kartik Gorain fit Ors. W.P. (C) No. 11168 of 2009. ;