Court No. - 19

Case :- WRIT - C No. - 6281 of 2016

Petitioner :- New India Assurance Company Ltd.

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Pradeep Kumar Sinha

Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Shri.Pradeep Kumar Sinha, learned counsel for the petitioner is

present.

In the present matter following order was passed on 12.2.2016:

"Heard Sri Pradeep Kumar Sinha, learned counsel for the

petitioner and learned Standing Counsel appearing for the

State-respondents.

While assailing the impugned award dated 12.12.2015 passed

by the Permanent Lok Adalat, Jhansi in PLA Case No. 30 of

2015 (Ajai Kumar Vs. Branch Manager, New India Assurance

Com. Ltd. and Others), learned counsel for the petitioner

submits that the impugned award is without jurisdiction as the

Permanent Lok Adalat has no jurisdiction to adjudicate upon

the matter relating to road accident and it was to be tried by the

Motor Accident Claims Tribunal. In support of his submissions,

he has placed reliance upon the judgments in Bajaj Allianz

General Insurance Co. Ltd. Vs. Madhava Nair and Others

(2013 (3) TAC 2014 (Kant.) and Bajaj Allianz General

Insurance Co. Ltd. Vs. Dasru Patel and Others (2012 (1) TAC

120 (Chhatt.).

Matter requires scrutiny.

Issue notice.

Notice on behalf of respondent no. 1 has been accepted by the

office of learned Chief Standing Counsel. Therefore, notices

need not be served again to the aforesaid respondent. No notice

is issued to respondent no. 2.

Issue notice to respondent nos. 3 & 4 through registered post

returnable at an early date.

Steps be taken within two weeks.

Counter affidavit, if any, may be filed by learned counsel for the

respondents by the next date of listing.

As an interim measure, without prejudice to right and

contention of the parties, subject to deposit of entire awarded

amount before the Permanent Lok Adalat within a period of

four weeks from today, the operation of the award dated

12.12.2015 passed by the Permanent Lok Adalat, Jhansi in PLA

Case No. 30 of 2015 (Ajai Kumar Vs. Branch Manager, New

India Assurance Com. Ltd. and Others) shall remain stayed till

the next date of listing."

Learned counsel appearing on behalf of the petitioner submits

that steps to serve the respondent nos.3 and 4 has already been

taken on 17.2.2016. As per office report dated 21.2.2016,

notices were issued to the respondent nos.3 and 4. However, no

further office report is available.

List on 22.5.2019 along with fresh office report regarding

service on respondent nos.3 and 4.

Learned counsel for the petitioner has also submitted that the

amount as required to be deposited in terms of the interim order

dated 12.2.2016 passed by this Court has been deposited.

It is made clear that on the next date of listing, no adjournment

will be granted.

Order Date :- 1.5.2019-SB