SURENDRA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Aditya Narayan Singh, learned counsel for the petitioner and Sri Durgesh Kumar Singh, learned counsel representing the Insurance Company in both the writ applications.

(2.) Since both the writ applications are raising a common question for consideration, as prayed by learned counsel for the parties, both are being heard and disposed of together by this common order.

(3.) The facts of the case are not much in dispute. The petitioner is a partnership firm carrying on the business of 'contractors'. The petitioner had earlier moved this court in CWJC No. 17027/2008 when it's claim raised for the alleged loss and damages caused to the road which were covered under the Insurance Policy were not being considered and despite submission of the surveyor's report on or about 19.11.2007, the Insurance Company had been delaying the settlement of the claim and payment thereunder. This court vide order dated 12.08.2009 directed the Insurance Company to consider the representation of the petitioner, settle the amount and make payment within three months to the petitioner. The Insurance Company then preferred a review application. The petitioner preferred a contempt petition and during pendency of the contempt petition the respondent Insurance Company took a decision on 18.03.2010 whereunder Insurance company reduced the assessment of loss to the tune of Rs. 115622/- in respect of the matter covered under CWJC No. 11083/2016. The Insurance Company sought to rely upon an another Surveyor report dated 23.10.2009 by the same Surveyor. The order dated 18.03.2010 of the Insurance Company was sought to be challenged in CWJC No. 6395/2010 which was dismissed by this court on 28.02.2012 but on a challenge made to the said order in LPA No. 455/2012, the respondent Insurance Company was directed to pay the assessed loss of Rs. 5400564/- within three months from the date of receipt/production of copy of the order. It is worth mentioning here that in respect of the second case as well the claim was reduced to the extent of Rs. 17,75,684/- even as the Surveyor had in their preliminary report had found the loss at Rs. 1,27,60,183/-. The petitioner had filed CWJC No. 6065/2010 which was dismissed by learned Single Judge but in LPA No. 468/2012 which was tagged with LPA No. 455/2012 the petitioner succeeded. The challenge to the common order dated 19.05.2015 passed by the Hon'ble Division Bench of this court in LPA No. 455/2012 and LPA No. 468/2012 before the Hon'ble Supreme Court of India failed as the Special Leave to Appeal came to be dismissed on 11.12.2015. This was the first round of litigation between the parties.