Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar
National Insurance Company Ltd. – Appellant
Versus
Ulashi Singh, W/o Late Kuna Singh Sardar – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing/setting aside the order dated 09.01.2008 (Annexure-1 to the writ petition) passed by the Permanent Lok Adalat, Jamshedpur (hereinafter referred to as “the PLA”) in P.L.A. Case No. 90/2007 in exercise of its power conferred under Section 22 (C) of the Legal Services Authorities Act, 1987 (hereinafter referred to as the Act, 1987), whereby the petitioner was directed to pay the awarded amount of compensation of Rs.2,63,000/- to the claimant i.e., the respondent no. 1 within one month from the said order, failing which she was made entitled to recover and realize the compensation amount through the process of law with interest at the rate of 12% per annum on account of death of her husband namely, Kuna Singh Sardar in motor vehicle accident.
2. Learned counsel for the petitioner submits that the respondent no. 1 had filed an application under Section 166 of the Motor Vehicle Act, 1988 for herself and on behalf of her two minor children i.e., the respondent nos. 2 and 3 before the P.L.A, Jamshedpur constituted under Section 22 (B) of the Act 1987 claiming compensation of Rs.3,20,000/- along with interest
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
The Permanent Lok Adalat has jurisdiction to entertain and determine disputes relating to public utility services, including pension services, under Section 22C(1) of the Legal Services Authorities A....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
