Jharkhand High Court
The New India Assurance Company ... vs Manju Devi & Anr on 9 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 2694 of 2009
The New India Assurance Company Limited .... .. ... Petitioner
Versus
Manju Devi & Anr. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner : Md. Saiqua Mustafa, Advocate
Md. Anzar Ahmad, Advocate
Md. Arshad Hussain, Advocate
Md. Ghulam Mustafa, Advocate
For the respondent no.1 : Mr. Suraj Kumar, Advocate
Mr. Birat Kumar, Advocate
......
05/ 09.06.2022.
Heard, learned counsel for the parties.
Learned counsel for the petitioner, Mr. Arshad Hussain has submitted
that petitioner- New India Assurance Co. Ltd. has preferred the instant writ
petition for setting aside the order dated 29.10.2008 and Award dated 08.11.2008
passed by learned Permanent Lok Adalt at Jamshedpur in PLA Case No.117 of
2007 in exercise of its powers under the Legal Services Authority Act, 1987
whereby and whereunder the learned court below has pleased to allow the petition
of the respondent no.1 (Manju Devi) and awarded a compensation of
Rs.2,00,000/- directing the petitioner- New India Assurance Co. Ltd. to pay the
said amount to the respondent no.1 as compensation within a period of two
months from the date of such order failing which interest @ 9 % shall also be
payable on the amount under the Award.
Learned counsel for the petitioner, Mr. Arshad Hussain has further submitted
that Permanent Lok Adalat has no jurisdiction to adjudicate the issue.
Learned counsel for the petitioner, Mr. Arshad Hussain has further submitted
that it was an agreement with Golden Trust Financial Services for which New
India Assurance Co. Ltd. has been saddled with liability.
Learned counsel for the petitioner, Mr. Arshad Hussain has further submitted
that operation of the impugned order has been stayed by the High Court during
pendency of the writ petition.
Learned counsel, Mr. Suraj Kumar assisted by learned counsel for the
respondent no.1, Mr. Birat Kumar has submitted that a poor lady is suffering since
the date of accident and compensation amount of Rs.2 lacs has not been paid thus,
this petition is not maintainable, in view of the judgment passed by the Apex Court
in the case of Bar Council of India vs. Union of India, reported in 2012 (8) SCC
243 at para 27 as the Permanent Lok Adalat has passed legal order/ judgment
having such jurisdiction.
Learned counsel for the respondent no.1, Mr. Suraj Kumar has further
submitted, that if the fraud has been committed by Golden Trust Finance Service
with New India Assurance Co. Ltd., the petitioner cannot be saddled with the
liability, but the deceased was granted Insurance Policy vide Ploicy
No.4751170000001/475117000066 valid from 08.01.2001 to 07.01.2006, which
was for five years, as such, the impugned order does not require any interference
by this Court.
Learned counsel for the respondent no.1, Mr. Suraj Kumar has further
submitted, that Rs.2 lacs ought to have been paid to the petitioner on the date of
award itself, which was dated 29.10.2008 and if, any interim order, is passed
subject to final outcome of the writ petition and the writ petition is to be decided,
as such, interim order will merge in the final order. As such, this Court may
consider it a pity amount, which has been granted and the same has been assailed
and has been kept pending for more than 13 years, as such, award does not require
any interference by this Court.
Considering the rival submissions, looking into the facts and circumstances of
the case, it appears that respondent no.1 is the claimant of the claim petition. The
deceased was under coverage of the policy, which has not been challenged or
assailed by the Insurance Company. So far maintainability of the petition is
concerned, it appears that in view of the Supreme Court judgment as referred
above, PLA court has such jurisdiction accordingly, the impugned order passed by
the PLA court is justified. This Court is not inclined to interfere with the impugned
award passed by the learned Permanent Lok Adalat to pay Rs.2 lacs within a
period of two months from the date of order i.e. 29.10.2008, failing which interest
@ 9 % is payable from the date of order till the date of actual disbursement of the
compensation.
Accordingly, the instant petition is dismissed.
However, it is expected that Insurance Company shall indemnify the amount
of the award to the claimant within a reasonable time as the accident is of dated
13.01.2005.
(Kailash Prasad Deo, J.)
R.S.
