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2010 Supreme(Jhk) 218

D.N.PATEL
National Insurance Co. Ltd – Appellant
Versus
Arti Banerjee – Respondent


Advocates Appeared:
For the Petitioner: Mr. Alok Lal.
For the Respondents: Mr. Arvind Kumar Mehta.

Order

The present petition has been preferred mainly for challenging the order, passed by the Permanent Lok Adalat, Dhanbad, dated 14th September, 2007, in Permanent Lok Adalat Case No. 1312 of 2004 (Annexure-1 to the memo of petition), whereby, the Permanent Lok Adalat had decided the claim, on merits in favour of the respondents.

2. Learned counsel for the petitioner has vehemently submitted that the Permanent Lok Adalat, Dhanbad has no power, jurisdiction and authority to decide the dispute of motor accident claim, on merits. Predominant role to be played by the Permanent Lok Adalat is of Conciliator and not of an adjudicator.

Secondly, it is submitted that no written consent was given by the petitioner to the Permanent Lok Adalat, Dhanbad for deciding the dispute, on merits, and, therefore, also looking to the decision, rendered by this Court, in the case of Eastern-Central Railway & Anr. vs. Ashok Kumar Verma & Ors. as reported in 2009(4) JLJR Page No. 129, the Permanent Lok Adalat, Dhanbad had no power, jurisdiction and authority to decide the dispute, on merits, and hence, the said impugned order deserves to be quashed and set aside.

It is also submitted by the learned counsel





























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