I.A. No. 1756 of 2012

Heard learned counsel for the parties on application for condonation of delay.

2. In view of the fact that it was a matter of death of a young person of the age of around 35 years and the Permanent Lok Adalat has already granted the compensation to the dependents of the victim, we condone the delay in filing this L.P.A.

3. I.A. No. 1756 of 2012 is allowed.

L.P.A. No. 230 of 2012

4. On the request of the counsel for the parties, heard on merits.

5. Since question of jurisdiction of Permanent Lok Adalat, Ranchi has been raised in this matter on the ground that the accident occurred in Hazaribagh on 24.09.2003 and to deal with matters falling in the territorial jurisdiction, the Permanent Lok Adalat is also there in Hazaribagh and the Permanent Lok Adalat, Ranchi had no territorial jurisdiction. However, so far as accident claims are concerned, if they are filed in the Motor Vehicle Accident Claims Tribunal, then there is no territorial jurisdiction as well as no limitation prescribed for filing the claim petition. Since in this the Permanent Lok Adalat has exercised its jurisdiction which it could have exercised within its territorial jurisdiction only. Since the victim has died and he was of the young age, therefore, instead of passing any order for reversal of the order of the Permanent Lok Adalat, we are making this order of Permanent Lok Adalat, Ranchi subject to the decision which may be rendered by the Motor Vehicle Accident Claims Tribunal, in case the appellant files the accident claim before the Motor Vehicle Accident Claims Tribunal within a period of three months from today and the amount already paid to the claimants/appellants shall not be returned to the respondent-Insurance Company till the decision of the accident claim filed by the appellants.

6. However, it is made clear that appellants will be free to submit their fresh claim if they have prayed for lesser compensation before the Permanent Lok Adalat due to the reason of limited jurisdiction of the Permanent Lok Adalat and the Insurance Company will be free to raise its objection with respect to the claim of the appellants. The Motor Accident Claims Tribunal may decide the claim petition of the claimants uninfluenced by any of the observation made in the order passed by the learned Single Judge dated 8th July, 2011 or in this matter and may pass appropriate order for compensation if claim petition is allowed. In case the compensation awarded by the Motor Accident Claims Tribunal will exceed the amount already paid to the claimants that will be recoverable according to the award passed by the Motor Accident Claims Tribunal.

7. This L.P.A. is disposed of accordingly.