DHARAMBIR SINGH DHANKAR v. PERMANENT LOK ADALAT AND ANR
CWP/17868/2014 · 2026-07-07
Tribhuvan Dahiya
body2014
DailyLaw.ai
[ 2014 DAILYLAW 1977 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2014 DAILYLAW 1977 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA 208
DHARAMBIR SINGH DHANKHAR PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES, GURGAON, HARYANA
CORAM:
Present:
TRIBHUVAN DAHIYA
quashing the order dated 28.05.2014, passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon, whereby the petitioner’s application seeking insurance claim in respect of vehicle/school bus bearing registration no. HR-55K-1590 of law and facts jurisdiction, as the insurance policy has
2.
reasons are not sustainable. The matter involves in question, which is required to be adjudicated in the light of the insurance policy issued by respondent issuance of insurance policy is not determinative of the jurisdiction, which depends upon where the cause of action arises. Undisputedly, the accident in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
DHARAMBIR SINGH DHANKHAR
Versus
PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES, , HARYANA
HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Rajesh Lamba, Advocate with Ms. Manisha Lamba, Advocate for the petitioner.
Mr. Vishal Aggarwal, Advocate with Ms. Aastha Sharma, Advocate for respondent no.2.
TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed inter alia quashing the order dated 28.05.2014, passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon, whereby the petitioner’s application seeking insurance claim in respect of vehicle/school bus bearing registration no. 1590 has not been decided on the ground that complicated questions of law and facts are involved. And that the Permanent Lok Adalat has ion, as the insurance policy has been issued from Bombay/Mumbai.
Learned counsel for the petitioner contends that both the aforesaid reasons are not sustainable. The matter involves in question, which is required to be adjudicated in the light of the insurance policy issued by respondent no.2/Insurance Company. issuance of insurance policy is not determinative of the jurisdiction, which depends upon where the cause of action arises. Undisputedly, the accident in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-17868-2014 Date of decision: July 07, 2026
...Petitioner PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES,
...Respondents TRIBHUVAN DAHIYA with Vishal Aggarwal, Advocate with inter alia seeking a writ of certiorari quashing the order dated 28.05.2014, passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon, whereby the petitioner’s application seeking insurance claim in respect of vehicle/school bus bearing registration no. decided on the ground that complicated questions hat the Permanent Lok Adalat has no been issued from Bombay/Mumbai. petitioner contends that both the aforesaid reasons are not sustainable. The matter involves accidental claim of the vehicle in question, which is required to be adjudicated in the light of the insurance Insurance Company. And the place of issuance of insurance policy is not determinative of the jurisdiction, which depends upon where the cause of action arises. Undisputedly, the accident in
...Petitioner PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES, ...Respondents
certiorari quashing the order dated 28.05.2014, passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon, whereby the petitioner’s application seeking insurance claim in respect of vehicle/school bus bearing registration no. decided on the ground that complicated questions no petitioner contends that both the aforesaid claim of the vehicle in question, which is required to be adjudicated in the light of the insurance the place of issuance of insurance policy is not determinative of the jurisdiction, which depends upon where the cause of action arises. Undisputedly, the accident in JASPREET KAUR 2026.07.16 09:40 I attest to the accuracy and integrity of this document Chandigarh
CWP-17868-2014 -2-
question occurred at Najafgarh, Delhi, and therefore, the cause of action did not arise in Mumbai.
3.
Learned counsel for the Insurance Company submits that there is no dispute with regard to the issuance of insurance policy or the competence of the Lok Adalat to assess the claim. However, even if the accident occurred at Najafgarh, Delhi, the Permanent Lok Adalat at Gurgaon has no jurisdiction to entertain and decide the claim application.
4.
Heard.
5.
Considering the submissions made by learned counsel for the parties and the undisputed factual position mentioned above, this Court is of the opinion that an application claiming compensation under the insurance policy can be entertained and decided by the Permanent Lok Adalat having territorial jurisdiction, as it does not involve complicated questions of fact. And in the instant case the vehicle met with an accident at Najafgarh, Delhi, which gives competence to the Lok Adalat having jurisdiction over the area.
6.
Accordingly, the order dated 28.05.2014 is set aside, with liberty to the petitioner to move an appropriate application seeking compensation before the competent Forum/Permanent Lok Adalat having jurisdiction. The question of limitation will be considered and decided by the concerned Forum in accordance with law, keeping in view pendency of the matter before this Court.
July 07, 2026
(TRIBHUVAN DAHIYA) Jaspreet Kaur
JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No JASPREET KAUR 2026.07.16 09:40 I attest to the accuracy and integrity of this document Chandigarh