[2025:RJ-JD:38081]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1306/2025 United India Insurance Company Ltd., H31First Floor, Rama Complex, Link Road Bagru, Jaipur Through Regional Office Panchshati Circle, Sadulganj, Bikaner.

----Petitioner Versus Rajendra Manda S/o Shri Bheru Lal Manda, R/o Village Rasisar Bda Baas, Tehsil - Nokha, District - Bikaner, At Present Nokha Road, Ganga Shahar, Bikaner.

----Respondent For Petitioner(s) : Mr. Vishal Singhal For Respondent(s) : ---

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

Reserved on : 22/08/2025 Pronounced on : 27/08/2025

1. Assailed herein is an order dated 02.02.2024, passed by the learned Permanent Lok Adalat, Bikaner whereby it has awarded a sum of Rs.2,62,773/- along with interest of 6.5% per annum for the loss of the vehicle in the accident and further ordered to pay a sum of Rs.10,000/- towards legal expenses and Rs.15,000/-

towards mental, physical and financial damages.

2. The brief facts of the case are that the respondent- complainant filed a claim petition alleging, inter alia, that his bus bearing registration No. RJ-07-PA-8875 was insured with the petitioner-insurance company under a policy valid from 29.06.2018 to 28.06.2019. The said bus, however, met with an accident on 29.06.2018 at about 6:00 a.m.

2.1 In response, the petitioner-insurance company filed its reply contending that although the policy was issued for the period 29.06.2018 to 28.06.2019, the premium towards the said policy was actually credited into the account of the insurance company only on 03.07.2018. It was, therefore, submitted that as on the date of accident, i.e., 29.06.2018, the premium had not been received, and consequently, the insurance company was not liable to pay any compensation under the policy.

2.2 The learned Permanent Lok Adalat, however, by the impugned award dated 02.02.2024, directed the petitioner- insurance company to pay compensation as claimed. Aggrieved thereby, the present petition has been filed.

3. Learned counsel for the petitioner-insurance company submitted that the insurance policy in favour of the respondent was issued on 29.06.2018 on the basis of a cheque dated 28.06.2018. The premium amount, however, was realized by the petitioner-insurance company only on 03.07.2018. It was contended that the accident occurred on 29.06.2018 at about 6:00 a.m., and thus, at the time of the accident, the cheque had not been realized. Accordingly, the learned Permanent Lok Adalat committed a serious error in accepting the respondent’s claim and directing the insurance company to make payment under the policy.

4. Heard learned counsel for the petitioner and perused the material available on record.

5. A perusal of the insurance policy makes it evident that the coverage commenced from 00:00 hours on 29.06.2018 and remained valid until midnight of 28.06.2019. It is an undisputed fact that the accident occurred at about 6:00 a.m. on 29.06.2018, by which time the policy was already in force. The contention of learned counsel for the petitioner that the policy could not be treated as operative since the cheque was realized only on 03.07.2018 cannot be accepted, as neither the policy contains any such stipulation nor has any condition been pointed out by the petitioner to show that the policy would take effect only upon realization of the premium. On the contrary, the policy itself clearly records that it became effective from 00:00 hours on 29.06.2018. In these circumstances, the learned Permanent Lok Adalat was justified in directing the petitioner-insurance company to honour its liability under the policy.

6. In view of the above, this Court does not find any error in the imupgned award warranting any interference by this Court. The writ petition, therefore, deserves to be and is hereby dismissed.

7. All pending application (s), if any, shall also stand disposed of.

(SUNIL BENIWAL),J skm/-