BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD Vs. STATE OF A P
LAWS(APH)-2019-4-17
HIGH COURT OF ANDHRA PRADESH
Decided on April 29,2019

BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
STATE OF A P Respondents


Referred Judgements :-

NATIONAL INSURANCE CO. LTD. V. SWARAN SINGH [REFERRED TO]
THE ORIENTAL INSURANCE CO. LTD. VS. SMT. SANTOSH KUMARI AND OTHERS [REFERRED TO]


JUDGEMENT

M. Seetharama Murti, J. - (1.)This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/s:
"...to issue writ, order or direction more particularly one in the nature of writ of mandamus, to declare the award of the Chairman, Permanent Lok Adalat for Public Utility Services, kadapa, Dt.29.03.2018 in PLAC.No.61 /2017, as being illegal, unjust, arbitrary, improper, bias, null and void, violation of principles of natural justice, and pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case."

(2.)We have heard the submissions of Sri V. Srinivasa Rao, learned standing counsel appearing for the petitioner- United India Insurance Company, of the learned Government Pleader for Law & Legislature, appearing for the 1st respondent; and of Sri Shaik Mohammed Ismail, learned counsel appearing for the 2nd respondent. The 3rd respondent, the District Legal Services Authority, Kadapa, is impleaded as party respondent as the Award impugned is one passed by the Permanent Lok Adalat for Public Utility Services. We have perused the material record.
(3.)The basic facts, in brief, are as follows:
The 2nd respondent herein is the owner cum insured of the Lorry bearing registration No.AP04 X 9136, which was insured with the writ petitioner insurance company. PW1 - the 2nd respondent engaged PW2 - D.V.Swamy Reddy as a driver of the said lorry. On 22.12.2016, when PW2 was driving the said lorry, which was proceeding to Chennai, it met with an accident near Mangampeta of Railway Kodur. The said accident occurred not due to the rash and negligent driving of the said driver of the lorry. On the 2nd respondent informing the writ petitioner insurance company about the said accident, the writ petitioner insurance company arranged a spot survey by deputing an assessor. He inspected the vehicle and took photographs. The 2nd respondent got the vehicle repaired in various work shops viz., G.M. Glass Works, Sri Vijaya Durga Motors, Star Battery works, Sri Ganesh Automobiles, National lorry body builders and Anwar Auto electrical works situated at Kadapa and incurred an expenditure of Rs. 2,07,746/-. Later the 2nd respondent made a claim along with the original bills showing various expenditures incurred on repairs etcetera. The writ petitioner insurance company repudiated the claim. After exchange of notices, the 2nd respondent filed PLAC.No.61 of 2017 before the Permanent Lok Adalat for Public Utility Services, Kadapa, ('PLA', for short) claiming the afore-stated amount with interest at 18% per annum from the date of the claim besides a compensation of Rs. 1,00,000/- from the writ petitioner insurance company. The writ petitioner insurance company resisted the said claim. On merits and by the award impugned in this writ petition, the PLA allowed the claim petition of the 2nd respondent and directed the writ petitioner insurance company to pay Rs. 2,07,746/- with interest @ 18% per annum from the date of filing of the claim petition. Aggrieved thereof, the insurance company filed the present writ petition.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.