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The N.I.A.C.L. And Another vs M/S Siddharth Associate And … on 29 January, 2018

2. The writ petition has been filed against the award of Permanent Lok Adalat, dated 15.06.2016, passed in P.L.A. Case No. 69 of 2014, directing for payment of Rs. 242013/- along with simple interest at the rate of 7% per annum and costs of Rs. 200/- to respondent-1 by way of reimbursement.

3. M/S Siddharth Associate through its proprietor Smt. Anita Bajpayee (respondent-1) filed an application (registered as P.L.A. Case No. 69 of 2014) for compensation of Rs. 242013/- along with costs. It has been stated that respondent-1 was owner of Highba Dumper U.P.-27 T-5421, which was insured with the appellant. On 09.09.2013, when the driver of aforesaid dumber was unloading ply S at Azizganj turn, in between showroom of JCB and Tata Company, Bareilly, its body was detached from chassis and was damaged. The claimant informed the Petitioner about this accident. On which the petitioner sent its official surveyor and obtained a survey report and sent the vehicle for repair to authorized service center of the company i.e. Visheshwar Motors, Bareilly on 10.09.2014. In repair, Visheshwar Motors, Bareilly charged Rs.242013/- of which he has given him bill, boucher and receipt. The claimant informed the petitioner on 26.11.2013, to get fresh survey report of the vehicle after repair. The claimant along with relevant documents submitted its claim to the petitioner for reimbursement, however the petitioner sanctioned only Rs. 26590/-, which was not accepted by her. The petitioner filed applications dated 06.06.2014 and 10.06.2014 to sanction for the entire amount incurred in repair of the vehicle but it was not accepted. On these allegations claim petition was filed.

Source: IK



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The N.I.A.C.L. And Another vs M/S Siddharth Associate And … on 29 January, 2018

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