[2026:RJ-JP:403]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 31/2026

1. S.B.I. General Insurance Company Limited, Through Manager, First And Second Floor, 9, Dwarka Niwas, Kailashpuri, Tonk Road, Jaipur.

2. S.B.I. General Insurance Company Limited, Through Manager, Natraj, 301, Junction Of Western Express Highway And Andheri, Kurla Road, Andheri (East) Mumbai

400069 ----Petitioners Versus Shokat Ali S/o Rahmat Khan, R/o Badho Ki Dhani, Mandawara, District - Sikar, Rajasthan - 332021 ----Respondent For Petitioner(s) : Mr. Prakhar Agrawal, Mr. Virendra Agrawal For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

07/01/2026

1. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the award dated 23.07.2025 passed by learned Permanent Lok-Adalat, Sikar, in Case No.65/2021, titled as 'Shokat Ali Vs. S.B.I. General Insurance Co. Ltd. & Anr.', whereby the claim of the respondent has been accepted and the petitioners have been directed to pay a sum of Rs.10,48,208/- along with Rs.5,000/- as litigation expenses within 3 months from the date of the judgment, failing which 9% per annum interest shall be levied on the awarded amount from the date of filing of the complaint i.e. 29.06.2021.

2. Brief facts giving rise to the present case are that the respondent/applicant - Shokat Ali (hereinafter referred to as the 'insured') had purchased the "Private Car Insurance Policy Package (Annual)" bearing Policy No.0000000019057631 for the period from 30.09.2020 to 29.09.2021 and having an 'Insured Declared Value' (IDV) of Rs.25,65,961/-. Such policy was purchased by the insured for his Toyota Fortuner 3.0(2016) bearing Registration No.RJ-23-UB-8335 (hereinafter referred to as the 'insured vehicle'). On 23.01.2021, the insured vehicle, being driven by his partner-Shri Dinesh Kumar (hereinafter referred to as the 'driver'), got punctured and took a roadside halt at Sahkari Samiti, between Danta and Ramgarh. Thereafter, in the midst of the driver changing such tyre, the insured vehicle was allegedly hit by a dumper bearing Registration No. RJ-23-GA-4580 and sustained vast damages after colliding with a nearby tree. As a result of the accident, the insured vehicle was brought to an authorized service center i.e. Om Metals Auto Pvt. Ltd. (hereinafter referred to as the 'service center') and intimation of the same was given to the insurance company, upon which a claim under the insurance policy came to be registered as Claim No.MVO552367. Thereafter, to process the settlement of the claim an independent surveyor was appointed. However, upon scrutiny of the claim, the averments made therein and the surveyor's findings, the insurance company repudiated the insured's claim.

3. Being aggrieved by the repudiation of the claim, the insured approached the learned Permanent Lok-Adalat, Sikar, alleging deficiency in service and unfair trade practices on the part of the petitioner-insurance company.

4. The petitioner filed its reply to the complaint and vehemently opposed the submissions made therein.

5. Learned Permanent Lok-Adalat, Sikar, after considering the matter at length and including the objections raised by the petitioners-insurance company allowed the insured's complaint vide impugned award dated 23.07.2025, thereby directing the insurance company to pay Rs.10,48,208/- along with Rs.5,000/- towards litigation expenses within three months from the date of the award, and in case of default, the amount was to carry interest at 9% per annum from the date of filing of the complaint (29.06.2021) until realization.

6. Aggrieved by which, the petitioners have preferred the present writ petition.

7. Learned counsel for the petitioners submits that the learned Permanent Lok-Adalat committed a serious jurisdictional error in passing the impugned award dated 23.07.2025, and failed to appreciate the facts and material on record. Consequently, the impugned award is b