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2008 Supreme(Ker) 803

V.GIRI
New India Assurance Co. Ltd. – Appellant
Versus
Jameela – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.K.M. Sherif & A.A. Ziyad Rahman
For the Respondents: R.T. Pradeep, V. Vijulal, G. Sudheer. (Karakonam) & K.N. Chathukutty

JUDGMENT :

1. The New India Assurance Company challenges the awards passed by the Permanent Lok Adalat for Public Utility Services essentially on the ground that the said body had acted without jurisdiction in proceeding to decide a claim petition filed by the injured in a motor accident case, for compensation. Since the contentions raised in these two Writ Petitions are common, they have been heard together and are being disposed of by this common judgment. I will refer to W.P.C.No.30059/2008, taken as the leading case.

2. The first respondent met with an accident on 26.11.2005 when he was walking along the road and a car owned by the second respondent and driven by the third respondent hit him. He sustained serious injuries and he claimed compensation to the tune of Rs.6 lakhs. He filed O.P.No.465/2007 before the 4th respondent which is the Permanent Lok Adalat for Public Utility Services. On receipt of summons from the Permanent Lok Adalat the petitioner entered appearance and disputed the maintainability of the petition. It was contended that the Permanent Lok Adalat has no jurisdiction to adjudicate the matter under S.22C (8) read with S.22D of the Legal Services Authorities Act





















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