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VINOD S. BHARDWAJ
HDFC Ergo General Insurance Company Limited – Appellant
Versus
Manoj Kumar – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
The present writ petition has been filed raising a challenge to the award dated 24.01.2013 passed by the Permanent Lok Adalat (Public Utility Services), Gurugram, in Application No.705 of 2012 whereby the application under section 22 C of the Legal Services Authorities Act, 1987 filed by the respondent No.1-applicant was allowed.
2. Learned counsel for the petitioner-Insurance Company refers to the facts of the present case as per which the respondent No.1-applicant is the registered owner of the truck bearing registration No. HR 55-C-6513 (Model 2005) and is running his business of transportation under the name and style of Manoj Transport Company, Fleet owner Transport and Cargo Contractor. He got insured the above said vehicle with the petitioner- Insurance Company for the period commencing from 03.03.2010 to 02.3.2011. A premium of Rs.13,074/- had been deposited by the respondent No.1-applicant against the assessed total IDV of the vehicle at Rs.5,40,000/- . It is further contended that the above said vehicle met with an accident on 15.01.2011 at Chandauli, Uttar Pradesh and an intimation in this regard was sent by the respondent No.1-app
The Permanent Lok Adalat has jurisdiction over insurance claims, and while due process was followed, the award must reflect the depreciated value of repairs.
The Permanent Lok Adalat must assess the merits of insurance claims and cannot substitute its reasoning for that of the insurance company, especially in cases of procedural lapses.
Conciliation proceedings mandated by law must occur before any judgment in disputes regarding insurance claims; bypassing this duty invalidates the award.
The main legal point established in the judgment is that the conciliation proceedings under Section 22(C) of the Legal Services Authorities Act, 1987, are mandatory in nature and must be conducted be....
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
Mandatory nature of conciliation proceedings under Section 22C of the Legal Services Authorities Act, 1987, and the influence of the decision in Canara Bank Vs. G.S. Jayarama (2022) 7 SCC 776 on the ....
An insurer cannot reject a valid claim based on procedural delays; the rights of the insured must be upheld in cases of serious injury, reflecting the principles of equity and justice.
Surveyor's reports are not conclusive; the Permanent Lok Adalat lacks express review power, reinforcing writ jurisdiction's limits on factual disputes.
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