IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11433 of 2005 Chandra Kala Devi, wife of Sri Suryadeo Paswan, resident of village and P.O. Durgapur, P.S. Khagaria, District Khagaria … Petitioner Versus 1. The State Of Bihar 2. The Oriental Insurance Company through its Branch Manager, Kachahri Road, Begusarai 3. The Branch Manager, Oriental Insurance Company through its Branch Manager, Kachahri Road, Begusarai 4. Sri Ajay Kumar Singh, son of Sri Ramnandan Singh, resident of village/P.O. Pansalva, P.S. Muffassil, District Begusarai Co-owner of Vehicle No. BR-09M/4001. 5. Ramesh Singh, son of Siya Singh, resident of vildlage/P.O. Incar, P.S. Muffassil, District Begusarai Co-owner of Vehicle No. BR-09M/4001 6. Sri Malay Prasad Yadav, son of Sri Jiwalal Yadav, resident of village Mathurapur, P.S. Balia, District Begusarai, driver of the aforesaid vehicle. … Respondents --------- For the Petitioner : Mr. Najmul Hoda, Advocate For the State : Mr. Krishna Chandra, A.C. to A.G. For the remaining respondents: None ------- . 09/ 01.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been file4 by the petitioner challenging order dated 28.02.2002 (Annexure 1), by which the Lok Adalat presided by the Additional District Judge-I, Khagaria disposed of (Motor Vehicles) Claim Case No. 04 of 1997 on the basis of an agreement between the parties and also to direct the authorities concerned to decide the aforesaid (Motor Vehicles) Claim Case No. 04 of 1997 in accordance with law and for other ancillary reliefs. 3. From the arguments of the parties as well as from the materials on record, it transpires that (Motor Vehicles) Claim Case No. 04 of 1997 was initiated by the petitioner due to death of her son Sunil - 2 - Kumar, aged about 18 years, who was working as a Khalasi of Tata Maxi bearing registration no. BR09M/4001, in an accident and hence she claimed compensation of Rs.7,04,500.00 with 12% interest per annum thereon, funeral expenses, loss of estate and cost etc. 4. In the said case, a sum of Rs.50,000.00 was awarded to the petitioner as an interim compensation, whereafter witnesses of the petitioner were examined and the case was fixed for evidence of respondent-Insurance Company, but in the meantime the Lok Adalat was held, which was presided over by the Additional District Judge-I, Khagaria, in which order dated 28.02.2002 was passed on the basis of an agreement between the parties. 5. The petitioner was aggrieved by the said order as according to her there was no agreement between the parties and the petitioner was never heard and hence she filed a miscellaneous application in the aforesaid (Motor Vehicles) Claim Case No. 04 of 1997 under section 151 of the Code of Civil Procedure before the Additional District Judge-I, Khagaria for recall of the impugned order dated 28.02.2002. The said application was disposed of by the said court vide order dated 18.02.2003, in which it was found that the petitioner had claimed absence of knowledge of any agreement between the parties and there was no document to suggest that the parties had signed any agreement, but since final order had been passed by the Lok Adalat, the said court directed the matter to be placed before the next Lok Adalat to consider the matter and pass an appropriate order. - 3 - 6. Learned counsel for the petitioner submits that thereafter the matter has not been placed before the Lok Adalat. 7. In the aforesaid facts and circumstances, this Court does not find any reason to interfere with the matter at this stage and hence this writ petition is disposed of with a direction to the Lok Adalat to consider the said matter in its next meeting and the petitioner will be at liberty to take steps in that regard. MPS/ (S.N.Hussain, J.)