Rajinder Singh & Another vs Royal Sunderam General Insurance ...
2022 Latest Caselaw 11827 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                   CMPMO No. 409 of 2022
                         Date of decision : 30.12.2022.




                                                                         .

    Rajinder Singh & another                     ...Petitioners.
                                   Versus
    Royal Sunderam General Insurance C. Ltd.                            ...Respondent





    Coram:
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.





    Whether approved for reporting?1
    For the petitioners                :   Mr. V. S. Chauhan, Sr. Advocate
                                           with Mr. Ajay Kashyap, Advocate.

    For the respondent             :       Nemo.


    Satyen Vaidya, Judge (Oral):

By way of instant petition, petitioners have assailed

order 14.5.2022, passed by learned District Judge (Forest),

Chairman National Lok Adalat, Bench No.2, Shimla, in Case

No. 601 of 2022.

2. The grievance of the petitioners is that in

compliance and in pursuance to such settlement, a sum of Rs.

9,50,000/- was deposited by the respondent, Royal Sunderam

General Insurance Co. Ltd. The petitioners were entitled to

the amount so deposited and they filed an application before

the Lok Adalat for release of the amount. However, their

Whether reporters of Local Papers may be allowed to see the judgment?

application was partly allowed and only 50% amount was

ordered to be released in their favour that too with certain

.

conditions.

3. It is contended on behalf of the petitioners that the

Lok Adalat, after having passed the compromise award had

become functus-officio and had no jurisdiction to withheld the

release of amount in favour of the petitioners.

4. Though, ordinarily in exercise of jurisdiction under

Article 227 of the Constitution of India, this Court will not

interfere with the orders passed by the Lok Adalat, however, in

exceptional cases, the same is permissible. Keeping in view

the facts and circumstances of the case, I am of the considered

view that this is a fit case where this Court can exercise its

jurisdiction under Article 227 of the Constitution of India.

5. Noticeably, on the application for release of amount,

before the Lok Adalat, the respondent Royal Sunderam General

Insurance Co. Ltd. had raised no objection, rather the counsel

representing the respondent had made a statement that he had

no objection in granting the prayer made by the petitioners. In

the present proceedings also, respondent had not put in

appearance despite service and thus, it can be inferred that the

respondent has nothing to say.

6. Keeping in view the entirety of the facts and

circumstances of the case, order 14.5.2022, passed by learned

.

District Judge (Forest), Chairman National Lok Adalat, Bench

No.2, Shimla, in Case No. 601 of 2022 is quashed and set

aside. Entire award amount lying in deposit in case decided by

the Lok Adalat in Case No. 601 of 2022 shall be released to the

petitioners by remitting the same to their respective bank

accounts as per their respective shares after due verification.

The petitioners to submit the details of their respective bank

accounts to the Lok Adalat.

7. The petition is disposed of. Pending applications, if

any, also stand disposed of.

                                                (Satyen Vaidya)
    30th December, 2022                              Judge





         (kck)