M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 13.04.2006, passed by the Permanent Lok Adalat, Tonk whereby, application under section 22-C of the Legal Services Authority Act, 1987 has been dismissed.
(2.) Learned counsel for the petitioner submits that after taking insurance, the goods were to be transported to Jawahar Lal Nehru Port Trust (J.N.P.T.) Mumbai. At the first instance, the transport was made to Punjab State Warehousing Corporation, Draungiri, Navi Mumbai (P.W.C.). The goods were received at P.W.C. On 22.07.2002. It was further transported to J.N.P.T by a trolly bearing No. MH-04-F2895. It met with an accident and, the claim was lodged immediately thereupon. It has been denied by the Permanent Lok Adalat mainly on the grounds that the claim is not covered, once the goods reached to P.W.C., Navi Mumbai. It is also on the ground that after receiving the goods at P.W.C. on 22.07.2002, claim was not maintainable after expiry of period of seven days. And lastly, that even as per the report of the Surveyor, the goods were manhandled thus petitioner is not entitled to the claim. All the three grounds taken by the Permanent Lok Adalat are contrary to the policy and the facts on record. As per the policy, insurance of the goods was by train or by road upto the destination. The destination in this case was not P.W.C., Navi Mumbai but J.N.P.T. The accident took place before the material/goods reached to J.N.P.T. and claim was made within a period of seven days and thus, the grounds taken by the Permanent Lok Adalat for denying the claim are not tenable.
(3.) It is further stated that there was no manhandling, rather, the accident took place where trolly over turned. It cannot be due to manhandling of the goods. The prayer is, accordingly, made to set aside the order passed by the Permanent Lok Adalat and to grant the claim.;