SANDEEP MEHTA,J. - (1.) Heard learned counsel for the parties. Perused the material available on record.
(2.) By way of this writ petition under Article 227 of the Constitution of India, the petitioners herein have approached this Court for assailing the judgment-cum-award dated 16.07.2018 passed by the learned Permanent Lok Adalat, Jodhpur in Case No.178/2017 whereby, the application filed by the respondent No.2 Shri Anil Bhansali (hereinafter referred to as 'the applicant') under Section 22B of the Legal Services Authority Act, 1987 was accepted and the petitioner Insurance Company was directed to honour the insurance claim of the respondent applicant to the tune of Rs. 12,74,943/- with interest at the rate of 9% per annum from the date of submission of application i.e. 26.09.2017 to the date of payment; parking charges at 2% of the total estimate cost and litigation cost of Rs. 10,000/- owing to loss suffered to his insured car in a vehicular accident.
(3.) Facts in brief are that the respondent purchased a Honda City Car in the year 2005 and got allocated registration No.RJ-19- CA-0001 from the Transport Department. He thereafter, sold the said Honda City car and purchased a new Skoda Octavia Elegance model car for which, he retained the registration number RJ-19- CA-0001 by fling requisite application before the DTO, Jodhpur and by paying the applicable fees. The applicant took a package insurance policy of the petitioner insurance company while purchasing the new car from the authorised dealer named M/s. Jai Car's Pvt. Limited for consideration of Rs. 19,88,222/-. The policy was valid for a period between 09.05.2014 to 08.05.2015. The insurance policy was renewed by the petitioner insurance company for the years 2015-16 and 2016-17 by charging the requisite premium. Lastly, premium to the tune of Rs. 24,355/- was paid by the applicant to the Insurance Company on 08.05.2017 and a cover note dated 09.05.2017 to 08.05.2018 was issued covering the full risk for car to the tune of Rs. 13,76,943/-. It is alleged that while applicant's son was travelling in the insured car from Jodhpur to Pali on 14.07.2017, suddenly a stray animal came across the road and while trying to save it, the car collided with the divider and was damaged completely. The dealer as well as the petitioner Insurance Company were informed. The car was brought to Jodhpur by a crane. The dealer prepared an estimate of Rs. 24,49,789/- for repairing the car. The insurance surveyor gave a report that the accidented vehicle was covered by the 'total loss category'. Thereupon, the respondent applicant, purchased a new Jeep Compass car for a sum of Rs. 17,29,000/- and got the same insured through Oriental Insurance Company for the period 16.08.2017 to 15.08.2018. However, desiring to retain the old registration number, which was acquired on premium the applicant filed the requisite application to the DTO, Jodhpur and retained the number of the old car whereas registration No. RJ-19-CG-9138 allotted for the new jeep car was transferred on to the accidented vehicle. The applicant, filed a claim with the insurance company towards the insured Skoda Octavia vehicle which had been totally damaged in the accident but the Insurance Company did not take appropriate steps in this regard whereupon, he filed the aforesaid application under Section 22B of the Legal Services Authority Act which came to be allowed in the above terms by the PLA, Jodhpur by judgment-cum-award dated 16.07.2018 which is assailed by the petitioner insurance company through this writ petition.;