1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8060/2008 (National Insurance Co. Ltd. Vs. Govind Singh) Date of order : 26.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sanjeev Johari, for the petitioner. Heard learned counsel for the petitioner. In this writ petition, the petitioner – Company is challenging the award dated 11.7.2008 passed by Permanent Lok Adalat, Churu in Pre- Litigation Case No.21/2007. The main contention of learned counsel for the petitioner is that the Permanent Lok Adalat has ignored the statement of claimant recorded by Police under Section 161 Cr.P.C. in a criminal case. Therefore, the award passed by Permanent Lok Adalat, Churu deserves to be quashed. It is further contended that in the statement recorded under Section 161 Cr.P.C. for investigation is a piece of evidence, which is required to be considered by the Permanent Lok Adalat. It is further contended that in the 2 statement Annexure-3, the claimant himself has accepted that vehicle was hired by one Radhyshyam. Therefore, no claim can be awarded by the Permanent Lok Adalat in view of the fact that as per statement recorded under Section 161 Cr.P.C., the claimant has admitted that vehicle was hired, therefore, vehicle was used for commercial purpose and as per policy the Company is not under obligation to pay any compensation for the use of vehicle other than the purpose for which the vehicle was insured. In my opinion, the Permanent Lok Adalat has rightly ignored the statement recorded under Section 161 Cr.P.C. by the investigating Officer in the F.I.R. because those statements can be used for the purpose of contradiction in the criminal case. Therefore, the learned Permanent Lok Adalat has rightly ignored the statement recorded under Section 161 Cr.P.C. and rightly passed the impugned award in which no interference is required. Accordingly, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun