The New India Assurance Co. Ltd vs Bhanwar Lal
2022 Latest Caselaw 13798 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 16572/2022

The New India Assurance Co. Ltd., Having Its Branch Office 144, 115 Commercial Complex, Above Union Bank, Saraswati Nagar, Basni, 1St Phase, Jodhpur Through Its Tp Claims Hub, Divisional Office 1St, Abhay Chambers, Jalori Gate, Jodhpur.

----Petitioner Versus Bhanwar Lal S/o Pema Ram Bishnoi, R/o Village Ram Nagar, Kaparda, Tehsil Bilara, District Jodhpur.

----Respondent

For Petitioner(s) : Mr. Jagdish Chandra Vyas

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/11/2022

Learned counsel for the petitioner - insurance company has

submitted that the Permanent Lok Adalat, Jodhpur District,

Jodhpur (for short 'the Permanent Lok Adalat') has not taken into

consideration the fact that in the initial application, the respondent

has not mentioned that the vehicle in question was proceeding

towards Jodhpur for the purpose of repairing. It is also submitted

that the Permanent Lok Adalat, without taking into consideration

the fact that the surveyor has assessed the damages to the tune

of Rs.6,80,000/-, has straightway passed the award for whole of

the amount claimed by the respondent.

Having heard learned counsel for the petitioner; after going

through the material available on record as well as the impugned

(2 of 2) [CW-16572/2022]

order, prima facie I am not convinced on the point that the

respondent has failed to satisfy the Permanent Lok Adalat that at

the time of accident, the vehicle in question was proceeding

towards Jodhpur for the purpose of repairing.

However, the another point raised by learned counsel for the

petitioner - insurance company to the effect that the Permanent

Lok Adalat, without taking into consideration the report of the

surveyor, wherein he assessed the damages of the vehicle to the

tune of Rs.6,80,000/-, has straightway passed the award for

whole of the amount claimed by the respondent, requires

consideration.

Hence, issue notice. Issue notice of the stay petition as well,

returnable on 10.1.2023.

In the meantime, if the petitioner - insurance company

deposits an amount of Rs.7,00,000/- with the Permanent Lok

Adalat within a period of four weeks from today, the effect and

operation of the award dated 28.7.2022 passed by the Permanent

Lok Adalat shall remain stayed.

The amount so deposited by the petitioner - insurance

company shall be disbursed to the respondent on moving an

appropriate application along with the solvent security.

(VIJAY BISHNOI),J

70-msrathore/-

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