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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Cholamandlam General Insurance Company Limited – Appellant
Versus
Permanent Lok Adalat, Public Utility Services – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of award dated 05.05.2025 whereby Permanent Lok Adalat, Patiala has awarded compensation of Rs.5,60,000/- along with interest.
2. The private respondents on account of death of Mr. Rampal Soni S/o Sh. Hari Chand preferred an application before Permanent Lok Adalat seeking compensation of Rs.8,00,000/- along with costs and interest. They had filed claim petition on the ground that Mr. Rampal has died in an accident, thus, as per insurance policy issued by petitioner-Cholamandalam MS General Insurance Company Limited they are entitled to claimed amount. The insured sum was Rs.5,60,000/- whereas claimed amount was Rs.8,00,000/-. The insurer repudiated claim of dependents of insured on the ground that insured had died due to illness and not accident. Learned Permanent Lok Adalat considered documentary evidence and framed following terms of settlement vide order dated 10.03.2025:-
“i) Whether the respondents No.1 to 5 may be directed to settle and pay the claim amount of Rs.8,00,000/- along with interest as alleged?
ii) Whether the applicant
The claimant must establish a direct causal link between the accident and the injury for compensation under the accident policy.
Point of Law : Plea of limitation taken up in the present case on the strength of clause 20 of the agreement read with Article 44 of the Schedule appended to the Limitation Act, would not defeat the ....
The Permanent Lok Adalat has jurisdiction over insurance claims, and while due process was followed, the award must reflect the depreciated value of repairs.
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
An award by Lok Adalat based on a settlement is binding and can only be challenged on limited grounds under Articles 226 and 227 of the Constitution.
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