Hon'ble Mrs. Sangeeta Chandra,J.

1. This writ petition challenges the order passed by Permanent Lok Adalat (Respondent No. 1) on 18.04.2012 in PLA Case No. 1 of 2011 by majority of the Members of Respondent No. 1. A dissenting opinion was delivered by the Chairman of Permanent Lok Adalat which has been filed as Annexure - 3 to the writ petition and reliance has been placed on the said dissenting opinion by the counsel for petitioner, Ms. Ankita Jain holding brief of Mr. Manish Goyal during the course of argument.

2. It has been submitted by Ms. Ankita Jain that the wife of respondent No. 2 (who is an advocate in Azamgarh), namely, Smt. Chandrakala Srivastava took a Life Insurance Policy of Rs.50,000/- bearing Policy No. 295338500 on 15.05.2009 (hereinafter to referred as first Policy) and another Life Insurance Policy for Rs. 1 Lakh bearing Policy Number 295339162 dated 25.05.2009 (hereinafterto referred as the second policy). Smt. Chandrakala Srivastava died after 15 days of taking the first policy and just after six days of taking the second policy.

3. The respondent No. 2 is the nominee. He submitted a claim under the two policies for Rs.1,50,000/- on 25.06.2009. Since the life assured i.e. Smt. Chandrakala Srivastava died within a short period of taking out these insurance policies, an inquiry was instituted by the petitioners in which it came out that Smt. Chandrakala Srivastava had cancer of the Gall Bladder and was admitted in Sir Sunder Lal Hospital, BHU, Varanasi on 01.09.2009 and was operated by Dr. Ajay Khanna on 06.04.2009 and was discharged on 19.04.2009. While the claim submitted by the respondent No. 2 was under investigation, the respondent No. 2 repeatedly filed applications for release of Rs.1,50,000/- under the two policies, which applications remained pending as final decision was to be taken by the Zonal Office. In the claim that was submitted by the Respondent No. 2, it was mentioned that Smt. Chandrakala Srivastava had no prior history of any ailment and she died all of a sudden after stomach ache.

4. When all facts were investigated and it came out that there was a deliberate misrepresentation by the wife of respondent No. 2 while making the proposal, the petitioners repudiated the claim on 19.09.2011. The order of repudiation of claim on 19.09.2011 has been filed as Annexure - 6 to the writ petition. A copy of the claim and inquiry report dated 30.10.2010 has been filed as Annexure - 7 to the writ petition.

5. Ms. Ankita Jain has further submitted that in the meantime the respondent No. 2 had already submitted a claim before the Permanent Lok Adalat, Azamgarh on 26.05.2011 registered as PLA Case No. 401 of 2011. The petitioners filed their objections/written statements on 18.07.2011 and also filed an affidavit of Dr. Jai Prakash Srivastava, the medical examiner who had examined Smt. Chandrakala Srivastava while submitting the proposal, and also filed an affidavit of Manager (Legal), Divisional Office, Gorakhpur. The Respondent No. 2 filed a rejoinder affidavit on 04.08.2011.

6. In the objections filed by the petitioner a specific objection was taken of non exhaustion of statutory remedy and lack of jurisdiction with the Permanent Lok Adalat in such matters. Additionally, an Application was moved before the Respondent No. 1 to summon records from the Chief Medical Superintendent, Sir Sunder Lal Hospital, BHU, Varanasi and to ensure attendance of the Chief Medical Superintendent for giving evidence. Personal service of summons on the doctor at BHU Hospital was also affected by the petitioners on 27.08.2011. But instead of appearing before the Respondent No. 1 the Medical Superintendent of the Hospital made all documentary evidence available i.e. Bed Head Ticket, Discharge Certificate, Details of Medical Treatment, Medical Prescriptions etc. duly certified by him, which were brought on record by the petitioner before the Respondent No. 1 by means of filing an affidavit on 30.08.2011.

7. Ms. Ank