IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9222 of 2009 ----------- The Divisional Manager, National Insurance Co. Ltd., Gaya through Sri Anjani Kumar A.O. and duly constituted Attorney National Insurance Company Limited, Regional Office 4th Floor Sone Bhawan, B.C. Patel Road, Patna P.O. G.P.O. P.S. Sachiwalaya-800001. ……. Petitioner versus 1. The State of Bihar through Secretary, Department of Law, Government of Bihar, Old Secretariat, Patna. 2. Kamla Devi, wife of late Arjun Singh alias Arjun Prasad 3. Babalu Prasad, son of late Arjun Singh alias Arjun Prasad Both resident of Mohalla Dighi Tank New Area P.S. Civil Lines District Gaya at present Manpur Mohalla Janakpur behind North of Shyam Talkies P.O. Buniyadganj, P.S. Moffasil, District Gaya. 4. Sheela Devi, wife of late Fuchchu Yadav, resident of Mohalla Gewal Bigha, P.O. Sammer Takiya, P.S. Rampur District Gaya. --------- For the Petitioner : Mr. Ashok Priyadarshi, Advocate For the State : Mr. Sunil Kumar, A.C. to G.A. 4 For Respondents 2 & 3 : Mr. Praveen Kumar, Advocate For Respondent no. 4 : None. --------- 03/ 19.07.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar (respondent no.1) and learned counsel for respondents no.2 and 3 (claimants). No one appears on behalf of respondent no.4, but since she is merely the owner of the vehicle there is no necessity of sending any notice to her specially in view of the nature of the order which this Court is going to pass. 2. This writ petition has been filed by the petitioner, namely, the Divisional Manager, National Insurance Co. Ltd., Gaya for quashing the order passed by the permanent Lok Adalat dated 09.01.2009 in Motor Accident Claim Case No. 02 of 2006 (119 of 2005) (Annexure 1) directing the petitioner to pay Rs.50,000.00 by account payee cheque to the claimants (respondents no.2 & 3 ) within thirty days. 2 3. Learned counsel for the petitioner has challenged the said order on the ground that the Lok Adalat has no jurisdiction to pass such order without the consent of both the parties including the petitioner. In that regard he has relied upon two decisions of the Apex Court in case of State of Punjab & another vrs. Jalour Singh & Ors., reported in A.I.R. 2008 S.C. 1209 as well as in case of United India Insurance Co. Ltd. vrs. Ajay Sinha & Ors., reported in A.I.R. 2008 S.C. 2398 . 4. Learned counsel for respondents no.2 and 3 very fairly concedes to the said position in law. Learned counsel for the State also does not object since both the parties agreed in the instant case and also in view of the settled principles of law. 5. In the said circumstances, this writ petition is allowed, the impugned order dated 09.01.2009 passed by the permanent Lok Adalat, Gaya in Motor Accident Claim Case No. 02 of 2006 (119 of 2005) is hereby quashed and the matter is directed to be referred to the Motor Vehicle Claim Tribunal, Gaya immediately within one week of the receipt/production of a copy of this order. 6. Since the matter has taken a very long time, both parties must appear before the Tribunal within two weeks from today and the Tribunal is directed to hear the concerned parties immediately giving them opportunities to produce their evidence and to dispose of the said claim case within six months from the date of production/filing of a copy of this order. MPS/ ( S. N. Hussain, J. )