IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5846 of 2006
NEW INDIA ASSURANCE COMPANY
Versus
THE STATE OF BIHAR & ORS
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02/ 28.03.2011 Petitioner- Insurance Company is aggrieved by
the judgment and award of the Permanent Lok Adalat,
Muzaffarpur dated 16.2.2006, Annexure-1 whereunder
accident claim of Lal Babu Rai has been allowed without
there being consent for disposal of the dispute by the Lok
Adalat. In the circumstances, it is submitted that the award
of the Lok Adalat is wholly without jurisdiction as in the
case of dispute the Lok Adalat does not have the
jurisdiction to adjudicate the dispute, it can only pass order
on the basis of the agreement reached between the victim,
the owner of the vehicle and the Insurance Company.
From the award of the Lok Adalat dated
16.2.2006, Annexure-1, it appears that the accident in
question took place on 25.8.2004 and the matter remained
pending in the Lok Adalat for about two years and
thereafter before this Court for about four years.
In the circumstances, I deem it expedient to
direct the petitioner-Insurance Company to serve notice of
2
these proceedings on the claimant Lal Babu Rai and the
owner of the vehicle, Rabindra Singh so that appropriate
orders are passed in this matter in their presence as early
as possible.
Put up after three weeks maintaining its position
in the same list.
Arjun/ ( V. N. Sinha, J.)