JAIPUR VIDHYUT VITRAN NIGAM AND ORS v. PRABHU DAYAL JAT
CW/277/2018 · 2025-02-17
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18925 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18925 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6927] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 277/2018
1. Jaipur Vidhyut Vitran Nigam Ltd. Through Chairman, Vidhyut Bhawan, Jyoti Nagar, Jaipur.
2. Assistant Engineer, Jaipur Vidhyut Vitran Nigam Ltd. (O & M), Office Shahpura, District Jaipur.
3. Superintending Engineer J.P.D.C. Jaipur Vidhyut Vitran Nigam Ltd., Ram Mandir, Station Road, Jaipur. ----Petitioners Versus Prabhu Dayal Jat S/o Bheru Ram Jat, R/o Village Rampura, Tehsil Shahpura, District Jaipur. ----Respondent For Petitioner(s) : Mr. Ajay Khedar for Mr. Satish Khandal For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 17/02/2025
1. Petitioners have not ensured service of respondent/claimant, hence, the writ petition has been listed in the orders category. However, considering the issue involved herein, the writ petition has been heard on merits at this stage itself.
2. Petitioners-Jaipur Vidhyut Vitran Nigam Ltd. has challenged the award dated 25.09.2017, passed by the Permanent Lok Adalat Jaipur Metropolitan Jaipur, in claim case No.127/2017 Prabhu Dayal Jat Vs. Assistant Engineer, JVVNL & Ors., granting a compensation to the tune of Rs.75,000+10,000+10,000, total Rs.95,000/- to the respondent-claimant on account of death of his pregnant buffalo, due to electrocution from the electricity wire.
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3. The Permanent Lok Adalat has passed impugned award, placing reliance upon the postmortem and opinion of doctor, who has clearly opined that the buffalo was having pregnancy of eight months and died due to electrocution from the electric wire and accordingly, the compensation to the tune of Rs.95,000/- has been awarded.
4. Counsel for petitioner also raised an argument that the claim was filed before Permanent Lok Adalat after expiry of three and half years and as such the claim of non-petitioner was barred by limitation, which has been considered by the Permanent Lok Adalat and the award was passed on merits.
5. In respect of finality of the award passed by the Permanent Lok Adalat, Coordinate Bench of this Court in case of Virendra Singh v. Rajasthan State Road Transport Corporation & Ors.: S.B. CWP 14440/2023, after placing reliance on the
judgment of Hon'ble Supreme Court passed in K. Srinivasappa & Ors. Vs. M. Mallamma & Ors, [(2022) 17 SCC 460], held that the award passed by Permanent Lok Adalat is final/binding and is not normally susceptible to challenge and a writ Court should not in a routine manner, de hors any reasoning, exercise its writ jurisdiction until or unless the award is passed without jurisdiction or obtained through impersonation or playing fraud with Court.
6. Following the principles, laid down in the above referred cases, this Court is of the view that the award passed by Permanent Lok Adalat is final and same does not suffer from grave perversity, patent illegality or manifest injustice. Hence, the impugned award does not warrant any interference in exercise of writ jurisdiction under Article 227 of the Constitution of India.
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7. As far as delay in filing the claim petition by the claimant is concerned, no statutory period of limitation is provided and further in the totality of the present facts and circumstances, there is no exorbitant delay on the part of claimant but seems to be circumstantial. Considering the background of claimant, the Permanent Lok Adalat has not committed any jurisdictional error in deciding the claim on merits ignoring the delay.
8. Accordingly, the writ petition is hereby dismissed.
9. Pending application, if any, stand disposed of.
(SUDESH BANSAL),J TN/57