IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31089 of 2008(A)
1. PRASANNAKUMARI, AGED 45 YEARS,
... Petitioner
Vs
1. AJITH,S/O.BHASKARAN NAIR, HOUSE NO.3/362
... Respondent
2. THE RELIANCE GENERAL INSURANCE, XL/3599,
3. SANTHOSH.K.P., SOUMYA BHAVAN,
4. THE DIVISIONAL MANAGER,
5. BIJU.K.SAMUEL, HOUSE NO.10/1194,
For Petitioner :SRI. K.SIJU
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice V.GIRI
Dated :09/12/2008
O R D E R
V.GIRI, J.
-------------------------------------------------------
W.P(C) No.31089 of 2008-A
--------------------------------------------------------
Dated this the 9th day of December, 2008.
J U D G M E N T
The petitioner is the claimant in O.P.No.203 of 2007. A
petition filed for compensation, arising from a motor vehicle
accident, was adjudicated upon by the permanent Lok Adalath,
Thiruvananthapuram, functioning under the Legal Services
Authorities Act, 1987. It resulted in Ext.P1 order awarding in
favour of the petitioner, an amount of Rs.30,807/- with 6%
interest. The said award has been satisfied, according to Mr.Saji
Issac, learned counsel for the 2nd respondent.
2. The award has been challenged on the ground that the
amount awarded as compensation is too meagre. I heard Mr.Siju
Kamalasanan, learned counsel for the petitioner and
Mr.K.K.M.Sheriff, learned counsel for the 4th respondent.
3. I have taken a view in W.P(C)Nos.30059 of 2008 and
30067 of 2008 that the permanent Lok Adalath under Legal
Service Authorities Act has no jurisdiction to adjudicate a dispute
for compensation preferred by an injured or the legal
representatives of the deceased under the Motor Vehicles Act.
W.P(C) No.31089 of 2008-A : 2 :
4. In the result, Ext.P1 order is also liable to treated as
one without jurisdiction. At the same time the petitioner should
not be prejudiced or prevented from prosecuting a claim for
enhanced compensation.
5. In the result Ext.P1 order is set aside. The permanent
Lok Adalath shall forward O.PNo.203/2007 to the Principal Motor
Accidents Claims Tribunal, Thiruvananthapuram, within one
month from the date of receipt of a copy of the judgment. The
M.A.C.T shall thereupon assign a number to the case and proceed
with the adjudication of the dispute afresh. Needless to say that
amount already awarded, if withdrawn by the claimant, shall be
given credit to in the final award to be passed by the Motor
Accidents Claims Tribunal, after trial. It is made clear that if the
amount deposited by the second respondent has not been
withdrawn by the claimant, the same shall be transferred to the
account of the M.A.C.T.
ab V.GIRI, JUDGE