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Judgment
Heard.
The claim application preferred by respondents 3 & 4 before the Motor Accident Claims Tribunal, Kabirdham (Kawardha) was compromised
before the Lok Adalat and an award -Annexure P/2 was passed on condition that the owner of the vehicle Meraj Ansari (respondent No.2) shall
produce copy of the permit of the offending vehicle before the petitioner-Insurance Company within one month, failing which, the liability of payment
of award amount of Rs.1,70,000/- shall be of the owner of the vehicle. Satisfying the condition, the owner presented copy of the permit before the
Insurance Company, which was found to be forged, therefore, the Insurance Company moved an application for setting aside the compromise award
passed by the Lok Adalat. The same has been dismissed by the impugned order.
Mr. Pankaj Agarwal, learned counsel would appear for the petitioner-Insurance Company, Mr. Sunil Sahu, learned counsel would appear for
respondents 3 & 4 (claimants) and Mr. Ajit Singh, learned counsel has filed Vakalatnama for respondent No.2, owner of the vehicle, however, during
the course of hearing, he informed that he has no instructions in the matter because the owner has taken back the file from him.
No one appears for respondent No.1 Dilip Kewat, driver of the offending vehicle.
Having heard learned counsel for the parties, it appears, when the condition to submit permit of the offending vehicle was made part of the
compromise award passed by the Lok Adalat, the same would mean a valid permit and not a permit which has no existence, as has been stated by
witness Umesh Tripathi, who is AG-III in the office of the RTO, Bilaspur, where-from, the permit was purportedly issued.
There being no condition in the award directing the Insurance Company to pay and thereafter, recover the amount from the owner and the owner
has not appeared before this Court today, there is no possibility of passing a modified award with the consent of the parties.
Therefore, in the facts and circumstances of the case, this Court has no other option but to set-aside the award (Annexure P/2) passed by the Lok
Adalat Bench -I on 20.1.2013, Kabirdham (Kawardha) and to remit the matter back to the concerned MACT for deciding the claim petition on merits.
It is ordered accordingly.
The parties shall bear their costs.