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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
PNB Metlife India Insurance Company Ltd. – Appellant
Versus
Sukh Narain – Respondent
JUDGMENT :
SUVIR SEHGAL, J.
1. Petitioner has assailed ex parte award dated 25.03.2022, Annexure P-1, passed by Permanent Lok Adalat, Public Utility Services, Fazilka (for short “Lok Adalat”).
2. Respondent No.1 approached the Lok Adalat by filing a petition under Section 22-C of the Legal Services Authorities Act, 1987 (for short “1987 Act”) alleging that he was induced into purchasing an insurance policy for a period of 100 years by giving an impression that policy is for 10 years. Respondent No.1 claims that he paid Rs.52,250/- by way of a premium through a cheque and a temporary receipt was issued to him on 29.06.2021. When he came to know of the deceit, he requested the petitioner vide email dated 09.07.2021 to cancel the policy and return the premium. It has been claimed that despite accepting the request for cancellation and submission of all the requisite documents to the insurance company, premium amount has not been refunded, forcing him to approach the Lok Adalat.
3. Notice of the petition was issued to the insurance company and the agent, but despite service, they did not appear before the Lok Adalat. Impugned award, Annexure P-1, has been passed by Lok Adalat, whereby pet
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....
Conciliation proceedings mandated by law must occur before any judgment in disputes regarding insurance claims; bypassing this duty invalidates the award.
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 ....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
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