The existence of a criminal case does not automatically bar the jurisdiction of the Permanent Lok Adalath. The Lok Adalath should exercise its powers with due care and caution when a criminal case is pending, and the party raising the contention should plead and prove the circumstances preventing the Lok Adalath from exercising its jurisdiction.

The petitioner is an insurance company. They are challenging Ext.P4 award of the Permanent Lok Adalath for Public Utility Services, by which the question of payment of compensation for injury sustained by the 1st respondent was adjudicated in exercise of the powers of the Permanent Lok Adalath under the Legal Services Authorities Act, 1987. The Lok Adalath found that the 1st respondent was entitled to an amount of Rs. 31,500/- with 6% interest as compensation for the injuries suffered by him in motor accident and the petitioner insurance company was directed to pay the same as the insurer of the vehicle. The contention arised now before me is that in view of the existence of a criminal case in respect of the same accident, the Permanent Lok Adalath does not have jurisdiction to adjudicate the issue. The petitioner relies on the decision of the Supreme Court in United India Insurance Company Limited Vs. Ajay Sinha and Another. According to the petitioner in that decision the Supreme Court as held that where ever there exists a criminal case in respect of the subject matter before the Permanent Lok Adalath, the Permanent Lok Adalath shall refuse to exercise jurisdiction. The petitioner therefore submits that Ext.P4 award is liable to be set aside on the ground of want of jurisdiction.

2. I have gone through the decision referred to by the learned counsel. I am of opinion that, that decision does not in absolute terms bar the jurisdiction of the Permanent Lok Adalath when there is a criminal case pending in respect of the dispute in question. The operative portion of the judgment contained in paragraph 39 and 40 thereof read thus:

2.39. Therefore in the Instant case, the terms “relating to” and “offence” appearing in proviso 1 must be interpreted broadly, and as the determination before the Permanent Lok Adalath will involve the question as to whether or not an offence which is non-compoundable in nature, has indeed been committed, this case falls outside the jurisdiction of the Permanent Lok Adalath.

3.40. We must guard against construction of a statue which would confer such a wide power in the Permanent Lok Adalath having regard to sub section (8) of Section 22-Comparative Citation: of the Act. The Permanent Lok Adalath must at the outset formulate the questions. We however, do not intend to lay down a law, as at present advised, that Permanent Lok Adalath would refuse to exercise its jurisdiction to entertain such case but emphasize that it must exercise its power with due care and caution. It must not give an impression to any of the disputants that it from the very beginning has an adjudicatory role to play in relation to its jurisdiction without going into the statutory provisions and restrictions imposed thereunder. (Emphasis supplied)

From a reading of paragraph 6, I am satisfied that the Supreme Court has not in absolute terms that where ever there is a criminal case pending in respect of the subject matter before the Permanent Lok Adalath, the jurisdiction of the Lok Adalath is decided. On the other hand, what the Supreme Court held is that in cases where a criminal case is pending, the Permanent Lok Adalath should exercise its powers with due care and caution.

3. That being so, I am of opinion that if facts and circumstances of the case requires that because of the existence of the criminal case, the Lok Adalath should not exercise jurisdiction it shall not. Party who raises that contention should plead and prove that the existence of facts and circumstances which should prevent the Permanent Lok Adalath from exercising its jurisdiction since there is no automatic ouster of jurisdiction. In this case a written statement was filed by the petitioner before the Permanent Lok Adalath. In the same there is not even a whisper that the Permanent Lok Adalath should not exercise its jurisdiction. As I have said above, in order to prevent the Lok Adalath from exercising the jurisdiction the petitioner should have in i