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2011 Supreme(All) 500

S.U.KHAN
HAR NARAIN SINGH CHAUHAN – Appellant
Versus
DISTRICT LEGAL SERVICES AUTHORITY/LOK ADALAT HAMIRPUR – Respondent


Advocates:
Counsel :
D.P. Singh, C.M. Jha and Kunwar Hans Pratap Singh for the Petitioner; K.S. Amist, S.K. Srivastava and C.S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner and Sri K.S.Amist, learned counsel for the Oriental Insurance Company through Divisional and Regional Managers concerned respondent Nos. 3 and 4.

2. A claim petition filed by the petitioner before the II Additional District Judge/ Motor Accident Claims Tribunal, Hamirpur in the form of M.A.C.T. No. 29/98 was sent to the Lok Adalat, where petitioner did not appear allegedly due to illness. Lok Adalat dismissed the claim petition in default of petitioner applicant on 24.10.1999. Restoration application was filed on 17.11.1999 before M.A.C.T./ II A.D.J. in the form of Misc. Case No. 7/74 of 1999. The restoration application was rejected on 15.12.1999 on the ground that the Lok Adalat had dismissed the claim petition in default hence the A.D.J. had no power to restore the same. Lok Adalat cannot dismiss claim petition in default. Its jurisdiction is limited. It can persuade the parties to enter into compromise and in case of failure send the file back to the Court with the endorsement that no compromise could take place. If a party does not appear, then it shows only two things. Firstly either he was not aware of th







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