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2018 Supreme(Jhk) 982

ANUBHA RAWAT CHOUDHARY
New India Assurance Company Ltd. – Appellant
Versus
Mostt. Sona Muni w/o late Mehilal Murmu – Respondent


Advocates Appeared:
For the Petitioner:Mr. D.C. Ghosh, Advocate
For the Respondent:Mr. Prabhat Kumar Sinha, Advocate, Mr. Vishal Kumar Trivedi, Advocate, Mr. Bhaskar Trivedi, Advocate, Mr. Satish Kumar, Advocate, Miss Divya Suman, Advocate

ORDER :

1. Heard Mr. D.C. Ghosh, counsel appearing on behalf of the petitioner.

2. Heard Mr. Prabhat Kumar Sinha, counsel appearing on behalf of the respondent nos. 6 and 7.

3. Heard Mr. Vishal Kumar Trivedi, counsel appearing on behalf of respondent nos. 1 to 5.

4. The petitioner is an insurance company. The respondent nos. 1 to 5 are the claimants and respondent no. 6 and 7 are the owner and driver of the Bus bearing registration no. BR-13 B-0189 respectively.

5. This writ petition has been filed by the writ petitioner challenging the order dated 23.11.2009 passed in P.L.A.(M.A.C.T.) Case No. 68 of 2007 by the learned Permanent Lok Adalat, Giridih.

6. Counsel for the petitioner submits as under:-

(a). The impugned order has been passed in total disregard of the provisions of Section 22 C(8) of the Legal Services Authorities Act, 1984 and accordingly the impugned order is perverse.

(b). Further on the merits of the case, the counsel has submitted that the insurance company is entitled for the right to recovery under the facts and circumstances of this case in view of the full bench judgment passed by this court reported in 2005 (3) JLJR 24 (Jhr).

(c). Counsel for the petitioner has referre

















































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