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ORIENTAL INSURANCE COMPANY LTD,CHANDIGAR versus PREM KUMAR BANSAL & ANR

High Court of Punjab and Haryana, Chandigarh

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Oriental Insurance Company Ltd,Chandigar v. Prem Kumar Bansal & Anr - CWP-10866-2005 [2006] RD-P&H 2932 (5 May 2006)

In the High Court for the States of Punjab and Haryana, at Chandigarh.

C.W.P.No. 10866 of 2005.

Date of decision: 02.5.2006.

Oriental Insurance Company Ltd,Chandigarh. ......... petitioner vs.

Prem Kumar Bansal and another

.......respondents.

CORAM: Hon'ble. Mr. Justice Viney Mittal.
Hon'ble. Mr.Justice Pritam Pal.

Present: Mr.G.S.Sawhney,Advocate, with Mr.Rajan Khetarpal, Advocate,for the petitioner

Mr. Rajiv Anand,Advocate,for respondent No.1.

Viney Mittal,J:

The award dated April 25, 2005 passed by the Permanent Lok Adalat, has been assailed by the petitioner-Insurance Company.

The primary ground of challenge is that the aforesaid decision had been passed by the Lok Adalat without there being any consent of all the parties and without there being any amicable settlement between them.

From the perusal of the award passed by the Lok Adalat, we find that the grievance made by the petitioner-company is wholly justified. As a matter of fact, the Lok Adalat has entered into the realm of the controversy on merits which was not open to it.

Consequently, we allow the present writ petition and quash the award dated April 25,2005 passed by the Lok Adalat.

The respondent-claimants shall be at liberty to seek their remedies in accordance with law

(Viney Mittal)

Judge

May 02,2006 (Pritam Pal)

RR Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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