Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 9167 (PNJ)

JASWINDER SINGH v. PERMANENT LOK ADALAT AND OTHERS

TA/1716/2025 · 2026-09-03

Harkesh Manuja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA-1716-2025 (O&M) --1-- 147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1716-2025 (O&M) Decided on:-03.09.2026 Jaswinder Singh ….Applicant. vs. Permanent Lok Adalat and others ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Harish Goyal, Advocate, for the applicant. Mr.Abhimanyu Kalsy, Advocate, for respondents No.2 and 3. ***** HARKESH MANUJA J. (Oral) 1. By way of present application, prayer has been made for transfer of application No.465 of 2023 dated 01.03.2023, titled “Jaswinder Singh vs. New India Assurance Co. Ltd. and another” filed under Section 22-C of Legal Services Authority Act, at the instance of applicant; from the Permanent Lok Adalat, Public Utility Services, Fatehgarh Sahib to the Permanet Lok Adalat, Public Utility Services, Ropar or SAS Nagar, Mohali. 2. In the present case, vehicle/Truck having Model No. Tata Signa 2823 KB5VI39 WHD Tipper bearing registration No. PB-65-BA-5594, met with an accident at Bharatgarh, District Ropar due to rash and negligent driving of the driver-Kuldeep Singh, in which, one Gursewak Singh, conductor of the Truck died due to the injuries sustained by him. Later the SONIKA 2026.09.08 18:06 I attest to the accuracy and authenticity of this document TA-1716-2025 (O&M) --2-- applicant applied for claim with respondents No.2 and 3 but they refused to give any claim. Being aggrieved, the applicant filed application before the Permanent Lok Adalat, Fatehgarh Sahib whereupon, the respondents contested the same raising preliminary objection of territorial jurisdiction. The proceedings continued with the learned Permanent Lok Adalat, Fatehgarh Sahib, however, since, no cause of action accrued within the territorial jurisdiction thereof, the present application came to be filed at the instance of applicant with a prayer seeking transfer of application either Permanent Lok Adalat, Public Utility Services, Ropar or SAS Nagar Mohali. 3. On the other hand, learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the transfer application and places reliance of judgments of Hon’ble Supreme Court in cases “Neilan International Co. Ltd. vs. Powerica Limited and others” reported as 2022(3) R.C.R. (Civil)575 and “Naivedya Associates vs. M/s Kriti Nutrients Ltd.”, reported as 2022 (1) R.C.R.(Civil) 591. 4. I have heard learned counsel for the parties and gone through the paper book. 5. Undisputedly, the accident took place within territory of Rupnagar. However, from the records available on file, it cannot be ascertained that the Permanent Lok Adalat, Public Utility Services, Fatehgarh Sahib has the territorial jurisdiction to adjudicate upon the application filed at the instance of applicant-complainant. In such circumstances, the application filed under Section 22-C of Legal Service Authority Act, needs to be transferred as it would avoid unnecessary harassment to the applicant and at the same time, the rights of the parties shall be adjudicated upon by forum having competent territorial jurisdiction. SONIKA 2026.09.08 18:06 I attest to the accuracy and authenticity of this document TA-1716-2025 (O&M) --3-- 6. The judgments relied upon by the learned counsel for the respondents are not applicable to the facts and circumstances of the present case as there is dispute regarding territorial jurisdiction. Even, the respondents in their written statement filed before the Permanent Lok Adalat have went on to object the jurisdiction of the Permanent Lok Adalat, Public Utility Services, Fatehgarh Sahib where the application under Section 22-C of Legal Services Authority Act has been filed by the applicant-complainant for settlement of dispute. 7. Accordingly, the transfer application is allowed and the application No.465-2023 dated 01.03.2023, titled “Jaswinder Singh vs. New India Assurance Co. Ltd. and another” filed under Section 22-C of the Legal Services Authority Act, stands transferred from the learned Permanent Lok Adalat for Public Utility Services, Fatehgarh Sahib to learned Permanent Lok Adalat for Public Utility Services, Rupnagar. The requisite record of the aforesaid case be sent by the learned Permanent Lok Adalat for Public Utility Services, Fatehgarh Sahib to its counterpart of Rupnagar. 8. The parties are directed to appear before the learned Permanent Lok Adalat for Public Utility Services, Rupnagar on 24.09.2026. 9. Pending miscellaneous application(s), if any, shall also stand disposed off. 03.09.2026 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/ No SONIKA 2026.09.08 18:06 I attest to the accuracy and authenticity of this document