HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.23608 of 2000 Dated this the 13th day of February 2008 Between: Oriental Insurance Co. Ltd., Rep.by its Branch Manager, Khammam … Petitioner AND District Legal Services Authority Rep.by its Secretary, Khammam District and 8 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.23608 of 2000 ORDER: This Writ Petition has been filed seeking to declare the dismissal order dated 18.11.1998 in review petition, covered by I.A.No.888 of 1996, against the order and decree, dated 23.04.1996 passed in O.P.No.242 of 1993 on the file of the Motor Accident Claims Tribunal- cum-Additional District Judge, Khammam, as illegal and ultra virus. 2) The writ petitioner is the Insurance Company with which a vehicle involved in a motor accident was insured with effect from 24.07.1992 for a period of one year ended in 23.07.1993. When O.P.No.242 of 1993 was filed against the Insurance Company and others by the claimants, the Insurance Company was under the impression that the vehicle was covered with insurance. Under the said impression, the Insurance Company conceded before the Lok Adalat that there was an insurance coverage and in pursuance of that, the matter was settled for Rs.95,000/- by Lok Adalat with the consent of both parties. Subsequent to passing of the order and decree by the Tribunal, the Insurance Company realized that the policy was taken on the next day of the date of accident and there was no insurance coverage to the accident vehicle as on the date of accident. Therefore, a review petition, covered by I.A.No.888 of 1996 has been filed. However, the Tribunal dismissed the application on the ground that the Insurance Company gave consent for the compromise and signed on the compromise petition. The Tribunal further observed that when once an award is made by the Lok Adalat under Section 21 of the Legal Services Authority Act, it shall become final and binding on all parties to the dispute and no appeal shall lie to any Court against the award. 3) The learned counsel for the writ petitioner-Insurance Company submitted that though the claimants did not file any counter in the review petition, the Tribunal passed the order without considering the fact there was no insurance coverage to the accident vehicle as on the date of accident. By taking into consideration the fact that the vehicle was not covered by insurance as on the date of accident, the Tribunal ought to have reviewed its order and reopen the matter for the purpose of fixing the liability on the persons who were responsible for causing the accident. 4) It is not the contention of the respondents/claimants that there was valid insurance coverage as on the date of accident and they did not produce any document to that effect. The claimants also did not choose to file the counter denying the allegation made by the Insurance Company. The copy of insurance policy was produced to verify that it was issued only on the next day of the date of accident. The Insurance Company made a representation before the Lok Adalat under a wrong impression that the policy was in force as on the date of accident. 5) In the light of the above circumstances, it is not proper to fix the liability on the Insurance Company and there is no insurance coverage as on the date of accident. Had the vehicle been covered with insurance policy and if the liability is fixed on the ground of violation of any of the conditions of the policy, one can understand that the Insurance Company is bound to accept the liability irrespective of the fact whether there was any violation of the conditions or not. But when there is no insurance coverage as on the date of accident, it is undesirable to impose burden on the Insurance Company to pay the compensation when it has nothing to do with the accident vehicle. In the light of the above circumstances, I am of the view that this is a fit case to invoke the extra ordinary jurisdiction of this Court and interfere with the order passed by the Tribunal. 6) In the result, the writ Petition is allowed. The order of the Tribunal dated 18.11.1998 in I.A.No.888 of 1996 is set aside. The review petition has been allowed by setting aside the award. The matter is remitted back to the Tribunal. The Tribunal is directed to restore O.P.No.242 of 1993 to its original file and pass an award after deciding the matter on merits fixing the liability depending upon the evidence available on record. The amount, if any, paid by the Insurance Company by virtue of the interim direction granted by this Court on 04.12.2000 and if the amount is withdrawn by the claimants, it shall not be recovered from the claimants. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 13.02.2008 Isn