IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE MR JUSTICE V. ESWARAIAH and THE HON'BLE MR JUSTICE P. SWAROOP REDDY WRIT PETITION No. 24034 of 2008 Between: 1 Dwara Nooks Raju S/o. Late Prasada Rao, Hindu R/o. D.No. 14-200, Simhadrinagar, R.R.V Puram Gopalapatnam, Visakahapatnam. 2 Dwara Kanna Rao S/o. Late Prasada Rao R/o. D.No. 14-200, Simhadrinagar, R.R.V. Puram, Gopalapatnam, Visakhapatnam. 3 Dwara Veera Kumari D/o. Late Prasada Rao R/o. D.No. 14-200, Simhadrinagar, R.R.V. Puram, Gopalapatnam, Visakhapatnam. ..... PETITIONERS AND 1 Mylapalli Appa Rao, S/o. Late Lakshmana Rao, Hindu, Residing at S/22, North Simhachalam, Railway Quarters, Gopalapatnam, Visakhapatnam. 2 S.V.V. Appa Rao, S/o. not known to the petitioners, Hindu, age not known to the petitioners, Residing at D.No. 17-203, Old Gopalapatnam, Visakhapatnam. 3 The New India Assurance Co. Ltd., Rep. by its Branch Manager, D.No. 58-16-8, P.A.R. Complex, NAD Cross Roads, Opp. Petrol Bunk, Visakhapatnam. 4 The Permanent Lok Adalat, Rep. by its Chairman, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring the award dt. 28-3-2008 passed by the 4th Respondent as perverse, contrary to its findings and the law and as such illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Motor Vehicle Act and Consequently to set aside the same and pass Counsel for the Petitioners: Mrs. N. SURYA KUMARI Counsel for the Respondents: ---- The Court made the following : ORDER: (Per Hon’ble Sri Justice P. Swaroop Reddy) This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the award dated 28.03.2008 passed by the Permanent Lok Adalat, represented by its Chairman, Visakhapatnam, the fourth respondent herein, as illegal and arbitrary. The matter, which arose out of the Motor Accidents Claims, was taken up by the Permanent Lok Adalat, Visakhapatnam in Case No.1675 of 2007, and was disposed of on 28.03.2008 by granting a total compensation of Rs.72,000/- without any liability on the Insurance company. Now the main contention of the learned counsel for the petitioners is that for the reason that the driver of the vehicle involved in the accident had no valid driving license, the Insurance company was not made liable; that the Insurance company ought to have been directed to pay compensation and then collect the same from the owner of the offending vehicle; and that the quantum of compensation granted is also inadequate. It is the contention of the learned counsel for the Insurance Company that the petition filed under Section 22 (c) of the A.P. State Legal Services Authorities Act, 1987 read with Section 166 of the Motor Vehicles Act, 1988 before Permanent Lok Adalat is itself not maintainable. The learned counsel for the third respondent-Insurance Company submits that several matters are pending before this Court on the same question of maintainability of Motor Accidents Claims before the Permanent Lok Adalat and as such, it is desirable to decide this writ petition also along with other matters. This case is different from other cases as the Insurance Company is not made liable and the quantum of compensation is also prima face inadequate being Rs.72,000/- in a case of death of 40 year old lady. Considering all the circumstances, more particularly, on humanitarian grounds, we feel it desirable to allow the petitioners to approach the regular Motor Accidents Claims Tribunal to avoid valuable time being lost. In the circumstances, the impugned order passed by the Permanent Lok Adalat is set aside and the writ petition is dismissed with liberty to the petitioners to approach the Motor Accidents Claims Tribunal constituted. There shall be no order as to costs. _____________________ V. ESWARAIAH, J Date: 6th July, 2009. _____________________ P. SWAROOP REDDY, J KL/JS