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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANIL KUMAR UPMAN
R.k. Joinery Pvt. Ltd. Through Its Director Vijay Talwar – Appellant
Versus
Permanent Lok Adalat, District Legal Service Authority Jaipur City – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of prior orders. (Para 1 , 2) |
| 2. petitioner argues pla's reliance on surveyor's report was erroneous. (Para 3) |
| 3. insurance counsel defends pla's decision and claims acceptance. (Para 4) |
| 4. court's consideration of proceedings and limitations of its jurisdiction. (Para 5 , 10) |
| 5. surveyor's report holds evidentiary value but not conclusive. (Para 6 , 7) |
| 6. court dismisses claim of coercion by petitioner. (Para 8 , 9) |
| 7. plas have authority to resolve disputes flexibly. (Para 11 , 12) |
| 8. writ petition dismissed; earlier orders affirmed. (Para 13 , 14) |
ORDER :
ANIL KUMAR UPMAN, J.
1. The instant writ petition has been filed by the petitioner M/s R K Joinery Pvt. Ltd., Jaipur seeking following relief:-
i) quashing and setting aside the impugned judgment dated 25.02.2006 (Annx.11) and order dated 29.07.2006 (Annx.13) passed by the Permanent Lok. Adalat, Jaipur City, Jaipur.
ii) allowing the application (Annx.9) filed by the humble petitioner under Section 22 (C) of the Act of 2002 before the Permanent Lok Adalat, Jaipur City, Jaipur in terms of the prayer contained therein;
iii) any other order or direction which this Hon’ble Court may deem just and pro
Surveyor's reports are not conclusive; the Permanent Lok Adalat lacks express review power, reinforcing writ jurisdiction's limits on factual disputes.
Point of Law : Contention of fabrication of documents (Invoice no. 23) is not related to the damage caused to the vehicle and the insurance claim.
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
Approved Surveyor’s assessment is necessary for a claim – There is no reason to reject Report of Surveyor Target Surveyor which inspire confidence of Bench.
(1) Privity of contract - It is also well settled that provisions of Consumer Protection Act, 1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contrac....
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
Approved Surveyor’s report may be foundation for settlement of claim by Insurer but such report is neither binding upon insurer or insured.
The Permanent Lok Adalat has jurisdiction over insurance claims, and while due process was followed, the award must reflect the depreciated value of repairs.
Conciliation proceedings mandated by law must occur before any judgment in disputes regarding insurance claims; bypassing this duty invalidates the award.
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