JUDGMENT

RAJAN GUPTA, J.:–

The present writ petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the order/ Award dated 13.07.2019, passed by the Lok Adalat held at the High Court, Patna, whereby and whereunder the appeal in question i.e. M.A. no. 140 of 2018 has stood withdrawn and the petitioners herein have agreed to pay the amount awarded by the learned court of Additional District and Sessions Judge VI-cum- Claims Tribunal (hereinafter referred to as the "Claims Tribunal"), District-Siwan vide judgment dated 12.10.2017.

2. The brief facts of the case are that the respondents 1st set herein i.e. the Claimants, who are the father, mother, widow, son and daughter of the deceased Late Prakash Kumar Gupta, who died on account of accident which had taken place on 21.12.2013, had filed a Claim Case bearing Claim Case no. 01 of 2014, before the learned Claims Tribunal. The petitioners herein as also the respondent no. 8 had filed their respective written statements before the learned Claims Tribunal, Siwan and after following the proper procedure established by law, the learned Claims Tribunal, Siwan had awarded compensation to the tune of Rs. 31,42,000/- vide judgment dated 12.10.2017. The said award dated 12.10.2017 was challenged by the petitioners herein by filing an appeal bearing M.A. no. 140 of 2018. It appears that the said appeal bearing M.A. No. 140 of 2018 was referred to the Lok Adalat by a Ld. Single Judge of this Court vide order dated 05.07.2019 whereafter, the same was listed before the Lok Adalat, held at the premises of the High Court, Patna comprising of a sitting Judge of this Hon’ble Court namely Hon’ble Mr. Justice Birendra Kumar (Member, Judicial), as he then was and Mr. Harish Kumar, Advocate (Member, Legal Profession), on 13.07.2019 and the appeal was disposed off as withdrawn, as would be apparent from the award dated 13.07.2019, which is reproduced herein below:—

"AWARD

The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/settled the case/matter, the following award is passed in terms of the settlement:—

This is appeal by Insurance Company against the award of the Motor Vehicle Accident Tribunal.

Learned counsel for the appellants submits that their case is that the driver had no licence, hence, liability was of the owner. However, the appellants are ready to pay to the claimant, the amount awarded within one month. The right of recovery by the insurer according to law is settled by a catena of judgments. Hence, with aforesaid right, appellants are ready to withdraw this appeal.

Accordingly, this appeal stands disposed off as withdrawn.

The parties are informed that the Court fees, if any, paid by any of them shall be refunded.

Sd/-

(Nikhilesh Gayen)

Petitioner/Petitioner's representative

Sd/-

(Raghar Prasad, Advocate)

Respondent/Respondent's representative

Sd/-

Signature of Member (Judicial)

Sd/-

Member (Legal Profession)"

3. A bare perusal of the said award dated 13.07.2019 would show that the representative of the appellants/ petitioners herein had appeared before the Lok Adalat and had stated that the appellants are ready to pay to the Claimant, the amount awarded, within a period of one month, hence the appeal is not being pressed and the appellants are ready to withdraw the appeal. The said award has been duly signed by the representative of the appellants /petitioners herein namely Mr. Nikhilesh Gayen, Manager, Regional Office, National Insurance Company Limited, Patna Regional Office and he had also put his official stamp, which has also not been disputed. As far as the Claimants are concerned, their advocate namely Mr. Raghav Prasad had put his signature.

4. The learned counsel for the petitioners herein has vehemently argued and submitted that he had not appeared before the Lok Adalat on 13.07.2019, nonetheless the award has been passed behind his back. It is also submitted that the Counsel for the peti