ORDER :

1. The present writ petition is being decided finally with the consent of the learned counsels for the parties.

2. The petitioner – Insurance Company has filed the writ petition challenging the Award dated 19.11.2018 passed by the Permanent Lok Adalat, Jodhpur. The Permanent Lok Adalat, while allowing the claim petition filed by the respondent No.1, has directed the petitioner to pay claim amount of Rs.19,99,637/- and after deduction of GST of Rs.4,28,872/- to pay remaining amount of Rs.15,70,765/- (Rupees Fifteen Lacs Seventy Thousand Six Hundred Sixty Five only) together with interest @ 9% per annum from 02.04.2018 (the date of filing the claim petition).

3. The petitioner-Company has pleaded in the writ petition that a package policy in respect of a private Car No. RJ-19-CH-0099 was issued by the petitioner-Company providing insurance coverage to the aforesaid vehicle from 15.10.2016 to 14.10.2017 subject to the terms, conditions and exclusions as provided in the standard terms and conditions of the package policy. The company has placed on record the insurance policy as Annexure-1 with the instant petition.

4. The petitioner has pleaded in the petition that during the currency of the insurance policy, a claim intimation was received vide communication dated 01.07.2017 informing that on 27.06.2017, it was raining in Jodhpur and while going from Shastri Nagar to Railway Station, the car stopped suddenly near Mathura Das Mathur Hospital (MDM). The petitioner-Company has pleaded that the intimation was said to be given to the dealer in this regard and the dealer is said to have arranged crane and lifted the car for Jaipur.

5. The petitioner-Company has pleaded that the dealer had initially submitted a preliminary estimate of Rs.52,632/- and after receiving the claim intimation, the petitioner-Company appointed M/s Apex Insurance Surveyors and loss Assessors Pvt. Ltd. (an authorized and licenced Surveyor and Loss Assessor) to assess the loss caused to the insured vehicle. It is pleaded that the authorized surveyor and loss assessor carried out survey of damaged vehicle on various visits and on the inspection of the vehicle, water was found inside the air cleaner, its resonator, filter and ducts, therefore, the authorized surveyor requested the workshop to remove oil sump to verify the condition of the engine. It is pleaded that after removal of oil and oil sump, excessive water was found mixed with the oil and fine metal particles were also found in the oil, therefore, the surveyor and assessor requested the workshop engineers for dismantling of the engine to ascertain the damage. It is pleaded that after persuasions, the engine was dismantled in the presence of the authorized surveyor and on dismantling of the engine, it was observed by the authorized surveyor that the insured car was moved in accumulated water of about 2.5 ft. or more resultantly the water was sucked by the resonator installed just behind front grill which was instantly sucked by the powerful engine and entered inside the engine cylinder block, resulting in sudden hydrostatic lock to pistons and on account of which their connecting rod could not sustain sudden jerk and got bent.

6. The petitioner-Company has pleaded that the surveyor observed that the driver of the vehicle continued to drive the vehicle in deep water resultantly piston seizure took place damaging cylinder block and overheating crankshaft, main bearing and other engine parts. The petitioner-Company has pleaded that looking to the damage on all major parts of the engine, the authorized workshop of BMW preferred to replace entire engine assembly and accordingly, a huge bill of repairing was raised.

7. The petitioner-Company has pleaded that the authorized surveyor and loss assessor assessed loss caused to the vehicle till hydrostatic lock stage of the engine and submitted his report assessing the loss of Rs.7,34,349/-. The surveyor, while reporting about the damage to the car, is further said t