BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BRANCH NO.II, 2ND FLOOR, DUBEY COMPLEX, G.E. ROAD, NEAR BASANT TALKIES, POWER HOUSE, BHILAI, TAHSIL & DISTRICT DURG, C.G. Vs. DONALD KULBHUSHAN BORA AND ANOTHER

JUDGEMENT

(1.) Since merely a question of law is involved in this writ petition, with the consent of the parties, the matter is heard finally.

(2.) By this petition under Art. 227 of the Constitution of India, the Petitioner has challenged the legality and propriety of the order dated 6.9.2014 passed by the Public Utility Permanent Lok Adalat, Durg, Chhattisgarh (hereinafter called "the Court below") in Case No. 5 of 2013, whereby and where under the Court below allowed the application filed under Sec. 22A(v) of the Legal Services Authorities Act, 1987 (for short 'Act of 1987) for compensation and passed an award in favour of the claimant/Respondent No.1 and against the present Petitioner amounting to Rs. 3,82,000.00 along with interest and cost of the litigation.

(3.) The facts in brief required for disposal of the instant writ petition are that the Claimant/Respondent No.1 filed an application under Sec. 22A (v) of the Act of 1987 claiming compensation of Rs. 4,50,000.00 as his vehicle met with an accident and damaged. Since there was no compromise or settlement of the issues between the parties, the matter was disposed of on its merit by allowing the application as aforementioned. Hence, the present petition by the insurer of the vehicle.