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2023 DIGILAW 187 (MP)

National Insurance Company Ltd. v. Asha Kavet

2023-02-01

MILIND RAMESH PHADKE

body2023
ORDER 1. Present petition has been preferred under Article 227 of the Constitution of India challenging the order dated 12.7.2022 passed by learned VIII Member, MACT, Gwalior, whereby, the applications filed by the petitioner Insurance Co. for review of the award dated 11.12.2021 passed in Lok Adalat in Claim Case No.771/2020 (Smt. Asha Kavet and Ors. v. Ravi Kavet) has been dismissed. 2. Learned counsel for the petitioner submits that under bonafide mistake, the compromise was entered into in Lok Adalat dated 11.12.2021 whereas, later on, it was found that it was a case of pillion rider whose liability was not covered under insurance policy and in that context, review petition was preferred before the trial Court but the same was dismissed on the ground of jurisdiction. Hence, this present petition has been preferred. 3. While placing reliance upon the judgment of this Court in W.P.No.1022 of 2015 (New Insurance Assurance Co. Ltd. v. Smt. parwati and Ors), learned counsel for the petitioner contends that in such cases, this Hon'ble Court had recalled the order passed in Lok Adalat and had restored the claim case on it's original number. 4. The factual position and the order passed by this Court in aforesaid Writ Petition is not opposed by counsel for the respondents and he submits that the order passed in Lok Adalat, may be recalled and the Claim Case No.771 of 2020 be directed to be listed on it's original number for it's adjudication on merits. 5. Upon hearing counsel for the parties and in the light of the concession given by counsel for the respondents, the petition is allowed. The order passed in Lok Adalat dated 12.7.2022 is hereby recalled. Claim Case No.771 of 2020 is restored to it's original number for adjudication on it's own merits. With the aforesaid, the petition stands disposed of.