- (1.) Petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the award dated 19.02.2014 (P-1) passed by respondent No. 1, on an application moved by respondent No. 1 under Section 22-C of the Legal Services Authorities Act (for short 'the Act').
(2.) Respondent No. 2-Trust is registered owner of a vehicle, make Eicher Bus bearing registration No. HR-65-3891, which was insured with petitioner-Insurance Company on 10.09.2011 for the period from 10.09.2011 to 11.09.2012. An amount of Rs.28,282/- was paid as premium to the petitioner-Insurance Company. The above said bus was damaged in an accident which took place on 15.02.2012 near village Kharindwa. The matter was reported to the petitioner-Insurance Company and a survey was got conducted through Royal Surveyors, who assessed the loss of the vehicle to tune of Rs.60,000/-. The bus was got repaired at bansal Motors at Yamuna Nagar by spending an amount of Rs.63,063/-. The claim was lodged by respondent No. 2 with the petitioner-Company but the claim was repudiated vide letter dated 03.04.2012 on the ground that the losses mentioned in the inspection did not match with the losses mentioned in the spot survey. Reminder dated 29.05.2012 was sent to the petitioner-Insurance Company and thereafter a legal notice dated 01.02.2013 was sent but when no reply came, respondent No. 2 filed the application under Section 22(c) of the Act.
(3.) In the written statement filed by the petitioner-Insurance Company wherein they had submitted that respondent No. 1 had not given any opportunity to the respondents to inspect the vehicle immediately following the spot survey and got repaired the vehicle before final survey. The losses mentioned by the applicant/respondent No. 2 did not match with the losses mentioned in the spot survey. Surveyor Inder Dev had assessed the net loss at Rs.28,472/- with the remarks that the insured had already dismantled the vehicle before final survey and had also shifted the damaged engine for repair from M/s Bansal Motors, Yamuna Nagar to their main workshop at Karnal.;