CWP-3577- IN THE HIGH COURT OF PUNJAB AND HARYANA (281) The New India Assurance M/s Bindal Associates CORAM: Present: KULDEEP TIWARI 1. award dated 16.10.2024 (Annexure P Lok Adalat, Panchkula. 2. 07.02.2025, this Court, had passed the hereinafter extracted order upon the instant writ petition : -2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH The New India Assurance Company Ltd. Versus M/s Bindal Associates and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Punit Jain, Advocate for the petitioner. Mr. Suryaveer Surjewala, Advocate for the respondent No.1. **** KULDEEP TIWARI, J.(ORAL) The petitioner-Insurance Company, has thrown a challenge to the award dated 16.10.2024 (Annexure P-1), Lok Adalat, Panchkula. At the time of issuance of notice of motion, vide order 07.02.2025, this Court, had passed the hereinafter extracted order upon the instant writ petition :- “1. The instant writ petition encompasses the prayer for setting aside the award dated 16.10.2024, whereby, the Permanent Lok Adalat has held the res entitled for getting the insured declared value of truck bearing Registration No. HP The respondent No.1 has also been held entitled for getting compensation of ₹ 10,000/ 5,000/- as litigant expenses. Moreover, the respondent 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3577-2025 Date of Decision : 26.03.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI , Advocate Insurance Company, has thrown a challenge to the 1), passed by the learned Permanent At the time of issuance of notice of motion, vide order dated 07.02.2025, this Court, had passed the hereinafter extracted order upon the “1. The instant writ petition encompasses the prayer for setting aside the award dated 16.10.2024, whereby, the Permanent Lok Adalat has held the respondent No.1 entitled for getting the insured declared value of truck bearing Registration No. HP-93-3833 of ₹ 26,24,375/ The respondent No.1 has also been held entitled for getting 10,000/- as mental harassment and t expenses. Moreover, the respondent Insurance Company, has thrown a challenge to the learned Permanent dated 07.02.2025, this Court, had passed the hereinafter extracted order upon the “1. The instant writ petition encompasses the prayer for setting aside the award dated 16.10.2024, whereby, the pondent No.1 entitled for getting the insured declared value of truck 26,24,375/-. The respondent No.1 has also been held entitled for getting as mental harassment and ₹ t expenses. Moreover, the respondent MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment CWP-3577- -2025 No.1 has been held entitled for interest @ 9% per annum on the awarded amount from the date of filing the case till its realization. 2. The learned counsel for the petitioner submits that, he does not intend to assail t award on merits, rather his submission is that, for the purpose of making compliance of the directions (supra) enclosed in the impugned award, the respondent No.1 is required to furnish the following documents and to complete the following form “(1) RC to be transferred/cancelled in the petitioner’s name; (2) Letter of Indemnity on Rs. 100/ Stamp paper duly attested by Notary and affix notarized stamp of Rs.5/-. Submit it to Claim Hub. The affidavit has to be signed by two attested copies of their Aadhar Card or Pan Card. (3) Letter of Subrogation on Rs. 100/ paper duly attested by the Notary and affix notarized stamp of Rs.5/-. Submit it to Claim Hub. The affidavit has to signed by two independent witnesses alongwith attested copies of their Aadhar Card or Pan Card. (4) If the vehicle is financed, payment will be made in favour of the financier otherwise Original NOC is required from the Financier in the name of petitio Hub. (5) Bank details preferably cancelled cheque. Submit it to Claim Hub. (6) KYC form alongwith 2 photos. Submit to Claim Hub.” 3. At this stage, notice of motion only to the respondent No.1. 4. Mr. Suryaveer Surjewala, Advocate, notice on behalf of the respondent No.1. 5. There is no wrangle amongst the contesting litigants that, the requisite information can be furnished by the respondent No.1 and the R.C. of the vehicle in question can also be transferred in the name of the petitioner. Therefore, taking into account th 2 No.1 has been held entitled for interest @ 9% per annum amount from the date of filing the case till its realization. 2. The learned counsel for the petitioner submits that, he does not intend to assail the impugned award on merits, rather his submission is that, for the purpose of making compliance of the directions (supra) enclosed in the impugned award, the respondent No.1 is required to furnish the following documents and to complete the following formalities:- “(1) RC to be transferred/cancelled in the petitioner’s name; (2) Letter of Indemnity on Rs. 100/- Non-Judicial Stamp paper duly attested by Notary and affix notarized . Submit it to Claim Hub. The affidavit has independent witnesses alongwith attested copies of their Aadhar Card or Pan Card. (3) Letter of Subrogation on Rs. 100/- Non-Judicial Stamp paper duly attested by the Notary and affix notarized stamp . Submit it to Claim Hub. The affidavit has to signed by two independent witnesses alongwith attested copies of their Aadhar Card or Pan Card. (4) If the vehicle is financed, payment will be made in favour of the financier otherwise Original NOC is required from the Financier in the name of petitioner. Submit it to Claim Hub. (5) Bank details preferably cancelled cheque. Submit it to Claim Hub. (6) KYC form alongwith 2 photos. Submit 3. At this stage, notice of motion only to the respondent 4. Mr. Suryaveer Surjewala, Advocate, waives service of notice on behalf of the respondent No.1. 5. There is no wrangle amongst the contesting litigants that, the requisite information can be furnished by the respondent No.1 and the R.C. of the vehicle in question can also be transferred in the name of the petitioner. Therefore, taking into account the consensus arrived at No.1 has been held entitled for interest @ 9% per annum amount from the date of filing the case till its realization. 2. The learned counsel for the petitioner he impugned award on merits, rather his submission is that, for the purpose of making compliance of the directions (supra) enclosed in the impugned award, the respondent No.1 is required to furnish the following documents and to “(1) RC to be transferred/cancelled in the petitioner’s Judicial Stamp paper duly attested by Notary and affix notarized . Submit it to Claim Hub. The affidavit has independent witnesses alongwith Judicial Stamp paper duly attested by the Notary and affix notarized stamp be signed by two independent witnesses alongwith attested copies of their Aadhar Card or Pan Card. (4) If the vehicle is financed, payment will be made in favour of the financier otherwise Original NOC is required from the ner. Submit it to Claim Hub. (5) Bank details preferably cancelled cheque. Submit it to Claim Hub. (6) KYC form alongwith 2 photos. Submit 3. At this stage, notice of motion only to the respondent waives service of 5. There is no wrangle amongst the contesting litigants that, the requisite information can be furnished by the respondent No.1 and the R.C. of the vehicle in question can also be transferred in the name of the petitioner. e consensus arrived at MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment CWP-3577- 3. Court that the respondent No.1, has made the compliance to the directions (supra), issu been transferred in the name of the petitioner completed, and there is no legal impediment for the authorities concerned, to transfer the vehicle in questi the issue of transfer of the vehicle, in question is concerned, the same has now been settled. He finally submits that he is not agitating the claim on merits, rather his only concern i awarded by the learned Permanent Lok Adalat concerned, on the awarded amount. He further submits that in case, the amount of interest @ 9% is reduced to 8%, in that eventuality, they would submit the entire awarded amount, along with interest @ 8% with the learned Permanent Lok Adalat concerned, within four weeks from today. 4. not opposed by the learned counsel for the contesting respondent No.1. 5. ordered to be modified, only to the extent that the petitioner is liable to pay Rs.26,24,375/ Rs.10,000/-, as mental harassment and Rs.5,000/ petitioner is also liable to pay the interest @ 8% per annum -2025 between the learned counsels appearing for the petitioner and for the respondent No.1, this Court deems it appropriate to direct the representatives of the petitioner and the respondent No.1 to cause appearance in the office of R.T.O. Baddi at Nalagarh on 17.02.2025 at the time mutually settled by them. 6. List on 26.03.2025” Learned counsel for the petitioner, at the very outset informs this Court that the respondent No.1, has made the compliance to the directions (supra), issued by this Court, and the RC of the vehicle, in question, has now been transferred in the name of the petitioner completed, and there is no legal impediment for the authorities concerned, to transfer the vehicle in question, in favour of the petitioner. Therefore, so far as the issue of transfer of the vehicle, in question is concerned, the same has now been settled. He finally submits that he is not agitating the claim on merits, rather his only concern is with regard to awarded by the learned Permanent Lok Adalat concerned, on the awarded He further submits that in case, the amount of interest @ 9% is reduced to 8%, in that eventuality, they would submit the entire awarded long with interest @ 8% with the learned Permanent Lok Adalat concerned, within four weeks from today. The prayer so made by the learned counsel for the petitioner, is not opposed by the learned counsel for the contesting respondent No.1. In view of the above, the impugned award (supra), is hereby ordered to be modified, only to the extent that the petitioner is liable to pay 26,24,375/-, along with the compensation amount to the tune of , as mental harassment and Rs.5,000/ petitioner is also liable to pay the interest @ 8% per annum 3 between the learned counsels appearing for the petitioner and for the respondent No.1, this Court deems it appropriate to direct the representatives of the petitioner and the respondent No.1 to cause appearance in the office . Baddi at Nalagarh on 17.02.2025 at the time mutually settled by them. Learned counsel for the petitioner, at the very outset informs this Court that the respondent No.1, has made the compliance to the directions ed by this Court, and the RC of the vehicle, in question, has now been transferred in the name of the petitioner, and all the formalities have been completed, and there is no legal impediment for the authorities concerned, to on, in favour of the petitioner. Therefore, so far as the issue of transfer of the vehicle, in question is concerned, the same has now been settled. He finally submits that he is not agitating the claim on merits, with regard to the interest @ 9% per annum, as awarded by the learned Permanent Lok Adalat concerned, on the awarded He further submits that in case, the amount of interest @ 9% is reduced to 8%, in that eventuality, they would submit the entire awarded long with interest @ 8% with the learned Permanent Lok Adalat The prayer so made by the learned counsel for the petitioner, is not opposed by the learned counsel for the contesting respondent No.1. w of the above, the impugned award (supra), is hereby ordered to be modified, only to the extent that the petitioner is liable to pay along with the compensation amount to the tune of , as mental harassment and Rs.5,000/-, as litigation expenses. The petitioner is also liable to pay the interest @ 8% per annum, on the awarded between the learned counsels appearing for the petitioner and for the respondent No.1, this Court deems it appropriate to direct the representatives of the petitioner and the respondent No.1 to cause appearance in the office . Baddi at Nalagarh on 17.02.2025 at the time Learned counsel for the petitioner, at the very outset informs this Court that the respondent No.1, has made the compliance to the directions ed by this Court, and the RC of the vehicle, in question, has now , and all the formalities have been completed, and there is no legal impediment for the authorities concerned, to on, in favour of the petitioner. Therefore, so far as the issue of transfer of the vehicle, in question is concerned, the same has now been settled. He finally submits that he is not agitating the claim on merits, the interest @ 9% per annum, as awarded by the learned Permanent Lok Adalat concerned, on the awarded He further submits that in case, the amount of interest @ 9% is reduced to 8%, in that eventuality, they would submit the entire awarded long with interest @ 8% with the learned Permanent Lok Adalat The prayer so made by the learned counsel for the petitioner, is w of the above, the impugned award (supra), is hereby ordered to be modified, only to the extent that the petitioner is liable to pay along with the compensation amount to the tune of . The , on the awarded MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment CWP-3577- amount, from the date of filing the applicatio 6. modification (supra). The petitioner is directed to comply with the undertaking given to this Court, within a period of four weeks from the date of receipt of certified copy of this order/judgme 7. stipulated period, the respondent No.1, would be entitled to get interest @ 9%, as awarded by the learned Permanent Lok Adalat concerned. 8. March 26, 2025 Manpreet -2025 amount, from the date of filing the applicatio The rest of the award is ordered to be maintained, except the modification (supra). The petitioner is directed to comply with the undertaking given to this Court, within a period of four weeks from the date of receipt of certified copy of this order/judgment. In case, the petitioner fails to deposit the stipulated period, the respondent No.1, would be entitled to get interest @ 9%, as awarded by the learned Permanent Lok Adalat concerned. Consequently, the instant writ pet 2025 Whether speaking/reasoned Whether reportable 4 amount, from the date of filing the application, till its realization. The rest of the award is ordered to be maintained, except the modification (supra). The petitioner is directed to comply with the undertaking given to this Court, within a period of four weeks from the date of receipt of In case, the petitioner fails to deposit the said amount, within the stipulated period, the respondent No.1, would be entitled to get interest @ 9%, as awarded by the learned Permanent Lok Adalat concerned. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No The rest of the award is ordered to be maintained, except the modification (supra). The petitioner is directed to comply with the undertaking given to this Court, within a period of four weeks from the date of receipt of amount, within the stipulated period, the respondent No.1, would be entitled to get interest @ 9%, MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment