ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. ABHISHEK KUMAR AND ANOTHER
LAWS(P&H)-2016-8-70
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 11,2016

Oriental Insurance Company Limited and others Appellant
VERSUS
Abhishek Kumar and another Respondents

JUDGEMENT

Rameshwar Singh Malik J. - (1.) Instant writ petition is directed against the order dated 7.4.2016 passed by learned Permanent Lok Adalat for Public Utility Services, Ambala Camp Court at Kaithal, whereby application of the insured moved under Section 22 (C ) of the Legal Services Authorities Act, 1987, was allowed, directing the petitioner-Insurance Company to pay the amount to the insured on account of theft of his motorcycle, which was admittedly insured with the petitioner-Insurance Company.
(2.) Learned counsel for the petitioner submits that learned Permanent Lok Adalat has misdirected itself, while placing reliance on the judgment of the Hon'ble Supreme Court in Mallamma (Dead) By LRs v. National Insurance Co. Ltd. and others, 2014(2) R.C.R.(Civil) 617 : 2014(2) Recent Apex Judgments (R.A.J.) 650 : 2014 (2) CCC 694 , which was not applicable to the facts of the present case. He also places reliance on a judgment of the Hon'ble Supreme Court in M/s Complete Insulations (P) Ltd. v. New India Assurance Co. Ltd, AIR 1996 SC 586 , to contend that respondent No.1 was not entitled for the claim put by him, because there was no privity of contract between the parties. He prays for allowing the present writ petition, by setting aside the impugned order.
(3.) Having heard the learned counsel for petitioner at considerable length, after careful perusal of record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that since the impugned order passed by the learned Permanent Lok Adalat has not been found suffering from any patent illegality or perversity, the same deserves to be upheld. The writ petition is without any merit which is liable to be dismissed for the following more than one reasons.;


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