- (1.) The insurance company has taken out this writ petition dated March 20th, 2006 questioning the ex parte award dated January 21st, 2006 made by the Lok Adalat organised by the Calcutta High Court Legal Services Committee.
(2.) The award is set out herein below : - "Appearance has been made on behalf of the petitioner. None appears for the respondent on this occasion also though notices were properly served on them. It was indicated on last occasion (3.9.05) that as the insurance company did not pay any heed to the prayers made on behalf of the petitioner and also the direction given by the respondent the claim would be presumed to have been admitted by the respondent. In view of the aforesaid position we are inclined to pass an award for Rs. 15,33,786/- as indicated in the annexure to the claim petition. The respondent is to pay all the aforesaid amount covered in this award within three weeks. If the payment is not made as indicated the petitioner would be at liberty to realise the amount by execution of this award and in that event the award would carry interest at the rate of 9% p.a. The application is, thus, disposed of without any order as to costs."
(3.) The fourth respondent (Sri Sudipta Dutta) owned a motorcab (with a taximeter fitted on it), which was insured with the insurance company. He alleged that on April 8th, 1990 the driver engaged by him did not return it, and that it could not be traced out thereafter. He moved this Court by filing a writ petition that was registered as C.O. No. 15524(W) of 1992. He alleged that his insurance claim amounting to Rs. 1,58,000/- for loss of the vehicle had not been processed by the insurance company, though he was lawfully entitled to get that amount.;