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2024 Supreme(Chh) 301

SANJAY S. AGRAWAL
Branch Manager, The Oriental Insurance Co. Ltd. – Appellant
Versus
State Of Chhattisgarh, Through the Secretary, Department Of Law – Respondent


Advocates Appeared:
For the Petitioner: Shri Sudhir Agrawal appears along with Shri Shashank Agrawal and Ms. Prerna Agrawal.
For the Respondents: Shri Akhilesh Kumar, Govt. Adv., Shri Keshav Dewangan, Adv.

ORDER :

1. This petition has been filed by the Oriental Insurance Company Limited questioning the legality and propriety of award dated 28.08.2012 (Annexure P-1) passed by the Permanent Lok Adalat (Public Utility), Bastar, Place Jagdalpur in Case No.37/2012, whereby the claim made by the respondent No.3-J. C. Construction Company under Section 22(C) of the Legal Services Authorities Act, 1987 (hereinafter referred to as “the Act, 1987”) has been allowed while directing the Insurance Company to pay a sum of Rs.24 Lakhs (Twenty four Lakh only) with interest @ 7.5 % per annum from the date of filing of the claim form dated 25.06.2007.

2. Briefly stated the facts of the case are that the claim enumerated under Section 22(C) of the Act, 1987 has been made by the respondent No.3 before the Permanent Lok Adalat claiming compensation to the tune of Rs.24 Lakhs by submitting, inter alia, that the Poklane Machine bearing No.Tata Hitachi EX-110-Number-1101-0120 (hereinafter referred to as “the machine in question”) owned by him was destroyed by unknown naxalites near the village Katekalyan of District Dantewada on 08.06.2007 while burning it, owing to which, a report was lodged before the Poli

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