Neutral Citation No. - 2025:AHC-LKO:22543 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2084 of 2025 Petitioner :- Mohit Kumar Awasthi Respondent :- National Insurance Company Ltd. Thru. Chairman/ Manager And Another Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- Satyajit Banerji,Mrs. Pooja Arora and Case :- MATTERS UNDER ARTICLE 227 No. - 2234 of 2025 Petitioner :- National Insurance Company Ltd. Thru. Deputy Manager/Assistant Manager Regional Office And 2 Ors. Respondent :- Mohit Kumar Awasthi And Another Counsel for Petitioner :- Mrs. Pooja Arora Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. Both the petitions arise out of challenging the same award passed by the Permanent Lok Adalat, as such, are being decided by means of this common order. 3. The claimant had got his truck insured with the Insurance Company. However, the said truck met with an accident on 04.03.2018 and the truck was taken for repair to an authorized service centre. The said service center raised a bill of Rs.4,54,265/-, which according to the claimant had to be paid by the Insurance Company. However, the same was not paid, as such, a notice was got served on 25.08.2018, to which no reply was given. Thus, a claim was filed by the claimant claiming a loss of amount spent on the repair of the truck. Apart from the said, an amount of Rs.7,50,000/- was claimed towards the commercial loss on account of truck lying stood and a further amount of Rs.10,00,000/- was claimed as compensation on account of mental and physical harassment. The respondent- Insurance Company took a stand before the Permanent Lok Adalat that certain documents were asked for from the claimant, however, as they were not supplied, the claim was not processed and even till date, the claim has not been repudiated. 4. It is argued by learned counsel for the Insurance Company that the amount awarded is highly excessive and thus, the award needs to be set aside to that extent. 5. Considering the submissions made at Bar, after efforts through mediation failed, the Permanent Lok Adalat decided the matter on merits. While doing so, the Permanent Lok Adalat awarded an amount of Rs.4,19,845/- towards the cost of repairs incurred in repair of the truck and apart from the same, an amount of Rs.2,00,000/- was awarded on account of the commercial loss sustained by the claimant. Thus, an amount of Rs.6,19,845/- was directed to be paid along with 7% interest from the presentation of the claim till the date of actual payment of realization. 6. Considering the submissions made at Bar, there appears to be negligence on the part of the Insurance Company in not accepting the claim despite the fact that a survey was conducted and in terms of the policy, the amount had to be paid to the repairer, which has not been done. As such, I do not find any error in the claim granted by the Tribunal towards the expenses incurred by the petitioner in terms of the bills, which was duly furnished. As regards, the amount of Rs.2,00,000/- towards the commercial loss, although, no specific evidence was led. However, for a period of five years, the petitioner being claimant was restrained from the commercial use of the vehicle in question. As such, the amount being meager does not requires any interference of this Court in exercise of power under Article 227 of the Constitution of India. The other claim of the claimant is neither established nor any evidence was led towards that, as such, no error can be found in the Tribunal not granting the said amount to the claimant. 7. Thus, both the petitions are dismissed. 8. The amount as directed by the Permanent Lok Adalat shall be deposited before the Permanent Lok Adalat within a period of six weeks from today. The said amount shall be given to the claimant on his moving an appropriate application before the Permanent Lok Adalat. Order Date :- 22.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench