HDFC ERGO GENERAL INSURANCE COMPANY LTD Vs. JANU

JUDGEMENT

(1.) Challenge herein is to an order dated 15.11.2013 (Annexure P1) passed by Permanent Lok Adalat, Gurgaon, whereby, petitionerInsurance Company has been directed to pay Rs.2 lacs to the insured in respect of an insurance claim arising out of damage to a vehicle (Truck) bearing registration No. HR-27J/0412 owned by respondent No.1 which met with an accident on 06.05.2012 when, while trying to save an animal, vehicle is stated to have turned turtle. At the relevant time, the driver of the vehicle, namely, Salim, who is the son of the insured/the claimant was driving the truck from Rajasthan to Bihar and it was loaded with 'Putty' of Asian company. Owing to the vehicle having turned ups and down, it got totally damaged. Intimation was given to the surveyor and the report thereof was prepared leading to lodging of the claim. However,the petitionerInsurance Company paid only a sum of Rs. 1,67,700/- and owing to which, the insured/claimant preferred a claim before the Permanent Lok Adalat.

(2.) I have heard rival contentions of learned counsels appearing for respective parties.

(3.) For the reasons stated hereinafter, I am of the opinion the the writ petition is devoid of any merit and the same deserves to be dismissed.