LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES AND ANOTHER

JUDGEMENT

(1.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari to quash the impugned award dated 21.05.2015 (Annexure P-1) passed by respondent No.1 - Permanent Lok Adalat for Public Utility Services, Camp Court at Palwal (hereinafter referred to as 'PLAPUS'), whereby petitioners have been directed to pay Rs.50,000.00 to respondent No.2 within 45 days from the passing of the award, failing which respondent No.2 has been held entitled to recover the said amount from the petitioners with interest @ 7.5% per annum from the date of filing of the petition till realisation of the whole amount.

(2.) The facts and circumstances giving rise to the present writ petition in nutshell are that respondent No.2 moved an application before the PLAPUS under Sec. 22C(1) of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act') pleading that he had purchased life insurance policy bearing No.121759098 from the petitioners. He had been paying the premium of the policy regularly after purchase of the policy. During continuation of the said policy, he had suffered head injury on 20.04.2005. As a result of which he lost the vision of both of his eyes. Respondent No.2 lodged claim with the petitioners for indemnifying him under the policy but petitioners did not compensate him. Petitioners filed reply to the application admitting the factum of aforesaid life insurance policy for assured sum of Rs.50,000.00. It was further admitted that wife of respondent No.2 had lodged claim with the petitioners for the disability suffered by respondent No.2 but due to some discrepancy in the information the claim could not be processed.

(3.) Efforts were made by the PLAPUS to settle the dispute amicably between the parties but to no avail. PLAPUS after hearing the parties and going through the evidence on record passed the impugned award as aforesaid. Hence, this writ petition.