IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 31089 of 2008(A) -------------------------- PETITIONER: --------------- PRASANNAKUMARI, AGED 45 YEARS, D/O.BHARGAVI, SOUMYA BHAVAN, THALIKKUZHI P.O., PULIMATH, THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SMT.T.M.RESHMI RESPONDENTS: --------------- 1. AJITH,S/O.BHASKARAN NAIR, HOUSE NO.3/362 PULIYAMPALLY VEEDU, NALANCHIRA P.O., THIRUVANANTHAPURAM. 2. THE RELIANCE GENERAL INSURANCE, XL/3599, 4TH FLOOR, ELIZABETH ALEXANDER MEM, SAHNMUGHAN ROAD, MARINE DRIVE, COCHIN. 3. SANTHOSH.K.P., SOUMYA BHAVAN, PAYATTINGAKUZHI, THALIKKUZHY P.O., PULIMATH, THIRUVANANTHAPURAM. 4. THE DIVISIONAL MANAGER, M/S.THE NEW INDIA ASSURANCE CO. LTD., KOTTARATHIL BUILDINGS, PALAYAM, THIRUVANANTHAPURAM 5. BIJU.K.SAMUEL, HOUSE NO.10/1194, KUTTIMELETHIL VEEDU, NALANCHIRA, THIRUVANANTHAPURAM. ADV. SRI.KKM.SHERIF FOR R4 SRI.A.A.ZIYAD RAHMAN FOR R4 SRI.K.J.SAJI ISAAC FOR R2 DR.ELIZABETH VARKEY FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------------------- W.P(C) No.31089 of 2008-A -------------------------------------------------------- Dated this the 9th day of December, 2008. J U D G M E N T The petitioner is the claimant in O.P.No.203 of 2007. A petition filed for compensation, arising from a motor vehicle accident, was adjudicated upon by the permanent Lok Adalath, Thiruvananthapuram, functioning under the Legal Services Authorities Act, 1987. It resulted in Ext.P1 order awarding in favour of the petitioner, an amount of Rs.30,807/- with 6% interest. The said award has been satisfied, according to Mr.Saji Issac, learned counsel for the 2nd respondent. 2. The award has been challenged on the ground that the amount awarded as compensation is too meagre. I heard Mr.Siju Kamalasanan, learned counsel for the petitioner and Mr.K.K.M.Sheriff, learned counsel for the 4th respondent. 3. I have taken a view in W.P(C)Nos.30059 of 2008 and 30067 of 2008 that the permanent Lok Adalath under Legal Service Authorities Act has no jurisdiction to adjudicate a dispute for compensation preferred by an injured or the legal representatives of the deceased under the Motor Vehicles Act. W.P(C) No.31089 of 2008-A : 2 : 4. In the result, Ext.P1 order is also liable to treated as one without jurisdiction. At the same time the petitioner should not be prejudiced or prevented from prosecuting a claim for enhanced compensation. 5. In the result Ext.P1 order is set aside. The permanent Lok Adalath shall forward O.PNo.203/2007 to the Principal Motor Accidents Claims Tribunal, Thiruvananthapuram, within one month from the date of receipt of a copy of the judgment. The M.A.C.T shall thereupon assign a number to the case and proceed with the adjudication of the dispute afresh. Needless to say that amount already awarded, if withdrawn by the claimant, shall be given credit to in the final award to be passed by the Motor Accidents Claims Tribunal, after trial. It is made clear that if the amount deposited by the second respondent has not been withdrawn by the claimant, the same shall be transferred to the account of the M.A.C.T. ab V.GIRI, JUDGE