UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE,LKO. THRU. ITS MANAGER v. MAYAN RAI
A227/3781/2022 · 2025-01-23
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155674 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4703 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3781 of 2022 Petitioner :- United India Insurance Company Ltd. Regional Office,Lko. Thru. Its Manager Respondent :- Mayan Rai Counsel for Petitioner :- Tarun Kumar Misra Counsel for Respondent :- Praveen Kumar Tripathi,Bipin Kumar Tiwari Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Ashish Kumar Upadhyay, Advocate holding brief of Shri Bipin Kumar Tiwari, learned counsel for the respondent.
2. The present petition has been filed challenging the award dated 25.01.2022 passed by the Permanent Lok Adalat, whereby an amount of Rs.4,95,960/- was awarded in favour of the claimant-respondent along with interest @ 6% per annum.
3. The contention of learned counsel for the petitioner is that the claim was in respect of damage to a vehicle. The insurance policy is on record, which discloses that the declared value of the vehicle insured was Rs.4,57,600/-. He thus, argues that the amount cannot be awarded in excess of the value of the vehicle, which was insured. Learned counsel for the respondent also supported the said submission.
4. Learned counsel for the petitioner further argues that after the payment of the sum insured, the salvage of the vehicle, necessarily has to come under the ownership of the insurance company as the entire amount is being paid. The said
submissions is also accepted by the learned counsel for the respondent.
5. In view of the said submissions, the present petition is
disposed of by holding that the award dated 25.01.2022 stands modified to the extent that the petitioner would be liable to pay an amount of Rs.4,57,600/- along with 6% interest per annum from the date of order, i.e., 25.01.2022 till the amount was deposited before this Court.
6. Learned counsel for the respondent states that he will surrender the vehicle in question before insurance company and shall handover the vehicle in question to Branch Manager, United India Insurance Com. Ltd., Civil Lines, Faizabad on 30th January, 2025.
7. On the surrender of the vehicle, the respondent shall be paid the amount as directed above. The amount deposited before this Court in terms of the order dated 29.09.2022 shall be remitted to the Permanent Lok Adalat. The Permanent Lok Adalat shall pay the amount as awarded by this Court to the claimant- respondent and the balance amount, if any, shall be refunded to the insurance company. The respondent shall also sign the requisite documents for transfer of the vehicle in favour of the insurance company.
8. The parties would be at liberty to plead before the Permanent Lok Adalat that if any other documents are required by the Insurance Company shall be furnished by the respondent and the same shall be provided by the respondent.
Order Date :- 23.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench