Oriental Insurance Company Limited vs The State of Jharkhand and Others

Ramesh Kumar Merathia, J.—This writ petition has been filed by the Insurance Company against the order dated 7.1.2009 passed by the Permanent Lok Adalat, Ranchi in P.L.A. Case No. 1495 of 2006.

It is submitted by Mr. Abhay Kumar Mishra, learned Counsel appearing on behalf of the petitioner that not only the question of jurisdiction of Permanent Lok Adalat was raised but the Insurance Company also tried to show how the Insurance Company contest the claim. He further submitted that in such cases, it has been held that Permanent Lok Adalat has no jurisdiction. He referred to the following judgments. Bharat Sanchar Nigam Limited v. The State of Jharkhand and Ors. 2008 (3) JLJR 513; State Bank of India, Dhanbad v. State of Jharkhand and Anr. 2009 (3) JCR 374 (Jhr) and Branch Manager, National Insurance Co. Limited, Dhanbad v. Brahamdev Prasad and Anr. 2009 (4) JCR 455 (Jhr).

Mr. Rahul Saboo, appearing for the claimant-respondent No. 2, could not dispute this position.

In terms of order dated 25.5.2010, notice was sought to be served on respondent No. 3, but his family members refused to accept the notice.

In the circumstances, the impugned order is set aside and the matter is remitted to Motor Accident Claims Tribunal, Ranchi. The permanent Lok Adalat will send the records to the tribunal within two weeks from the date of receipt of a copy of this order and the tribunal will proceed with the matter in accordance with law.

The respondent No. 2-claimant will appear before the tribunal. The tribunal will ensure service of notice on respondent No. 3 and if he avoids to receive, the same may be served through the concerned police station.

It goes without saying that the tribunal will not be prejudiced by the impugned order passed by the Permanent Lok Adalat. The parties are directed to cooperate in early disposal of the case.

With these observations and directions, this writ petition is disposed of.