HIGH COURT OF MADHYA PRADESH
The New India Assurance Company Limited – Appellant
Versus
Sattu – Respondent
WP 16167/2013
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 6 OF JANUARY, 2026 WRIT PETITION No. 16167 of 2013 THE NEW INDIA ASSURANCE COMPANY LIMITED Versus SATTU AND OTHERS Appearance:
Shri Pranay Gupta - Advocate for the petitioner through VC.
ORDER This petition is filed with the following reliefs:
"A. The impugned order of settlement dated 23/02/2013 Annexure P-I passed in M.A. No.-5431/2007 by Lok Adalat presided over by Hon'ble Justice Mr. Justice Sanjay Yadav and Advocate Shri Hemant Shrivastava may kindly be set aside and instead the M.A. No.-5431/2007 may kindly be restored to its file for its re-adjudication on merits, in the interest of Justice.
B. Any other relief which this Hon’ble Court may think fit in the peculiar circumstances of the instant case, may kindly be granted to the present petitioner along with the cost of litigation in the interest of justice."
2. Heard learned counsel for the petitioner.
3. Issue for consideration involved in this petition is whether the present petition is maintainable before this Court when the order of Lok Adalat is challenged without making necessary pleading in the petition about fraudulent act during proceedings of the Lok Adalat.
4. Counsel for the petitioner has fairly submitted that this petition has been filed raising the main contention that due to oversight, the matter is settled by the insurance company before the Lok Adalat. However, he fairly submits at the Bar that this is only the ground and appropriate orders may be passed in this petition.
5. Having considered the facts, it is now well settled position that the award/order of the Lok Adalat cannot be challenged in any proceeding unless there is allegation of fraud specifically pleaded that too in petition under Article 226 of the Constitution of India. Moreover in the present proceeding, the award passed is up to the extent of Rs.70,000/- only. Considering this aspect also i.e. smallness of amount on that account also after elapse of this much period of 13 years the fruits of award of the Lok Adalat has not yet been received by the claimant after passage of period of 13 years as the petition is pending before this Court and interim order has been granted in the year 2013.
6. Therefore, this Court is of the opinion that the petition is meritless and deserves to be dismissed. The amount which is lying before the Claims Tribunal shall be disbursed to the claimant after proper verification within a period of four weeks from today.
At this stage, it is agitated by the counsel for the petitioner that there are identical matters involving similar issue and therefore, it may be observed that decision of this matter may not come in the way of present petitioner in other cases. Considering the settled position about the limited scope of challenging the order passed by Lok Adalat, this Court is not inclined to pass any further orders / observation regarding aforesaid submission made by counsel for the petitioner at the Bar.
7. Accordingly, the writ petition deserves to and is hereby dismissed.
(SANDEEP N. BHATT)
JUDGE ks
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