Icici Lombard General Insurance Company Limited Thru. Manager Legal,Regional Office,Lucknow Vs Suryabhan Singh and Another

Neutral Citation No. - 2024:AHC-LKO:16096

Court No. - 6

Case :- WRIT - C No. - 159 of 2024

Petitioner :- ICICI Lombard General Insurance Company Limited Thru. Manager Legal,Regional Office,Lucknow Respondent :- Suryabhan Singh And Another Counsel for Petitioner :- Brijendra Chaudhary Counsel for Respondent :- Ajay Kumar Pandey,Sachin Verma

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Hon'ble Alok Mathur,J.

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Heard Shri Brijendra Chaudhary, learned counsel for petitioner, Shri Ajay Kumar Pandey, learned counsel for respondent and perused the material available on record.

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The dispute in the present case pertains to payment of the compensation by the petitioner, which is an insurance company to the respondents in compliance of the order dated 8.8.2023 passed by the Permanent Lok Adalat, Raebareli.

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This Court had gone into the entire controversy and passed the following orders on 10.01.2024, which reads as under:-

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"1. Sri Brijendra Chaudhary, learned counsel appearing on behalf of the petitioner-insurance company submits that the dispute has been resolved by the order dated 8.8.2023 of Permanent Lok Adalat, Raebareli where the petitioner has accepted its liability to pay an amount of Rs.10,75,658/- to respondent No.1 as compensation for the damage caused to the insured vehicle, namely Mahindra Scorpio with registration No.UP 33 BB 7171.

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2. Learned counsel for the petitioner has also informed that the total loss of the vehicle has been taken into account while calculating the compensation. He submits that he does not dispute the order dated 8.8.2023 but only the issue raised before this Court is with regard to the loss caused to the damaged vehicle. He submits that the amount of compensation would be payable as and when salvage of the damaged vehicle is made available to the petitioner and in the present case the vehicle having been hypothecated with Bank of Baroda, till such time the hypothecation is removed the salvage cannot be given to the petitioner. He submits that this aspect of the matter should have been provided in the impugned order but due to oversight of the petitioner it was not brought to the knowledge of the Permanent Lok Adalat. He has further submitted that the petitioner is ready and willing to deposit the entire amount of Rs.10,75,658/- i.e. awarded amount by the Permanent Lok Adalat before the Permanent Lok Adalat.

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3. Accordingly, issue notice to respondent No.1. Steps be taken within ten days.

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4. In case, the petitioner deposits the awarded amount of Rs.10,75,658/before Permanent Lok Adalat, Raebareli within next three weeks, the recovery proceedings against the petitioner in pursuance of the impugned order dated 8.8.2023 passed by Permanent Lok Adalat, Raebareli, shall be kept in abeyance.

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5. List this case on 22.2.2024 in top ten cases."

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When the matter is being taken up, learned counsel for respondents has filed a counter affidavit wherein a certificate has been annexed from which it is clear that on account of the loan taken by the respondent against purchase of the Car No. UP 33 BB 7171 no dues are pending with the said Bank. Learned counsel for petitioner submits that when no dues are pending then the Bank of Baroda would not have any lien over the salvage/ damaged vehicle.

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In the aforesaid circumstances, he submits that once the 'No Objection Certificate' has been granted by the Bank of Baroda then it is clearly indicated that they do not hold any lien over the salvage of the damages car and the petitioner insurance company is at liberty to remove the said salvage and take in its custody and deal with it in the manner prescribed.

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Accordingly, counsel for the petitioner has also expressed his satisfaction with the 'No Objection Certificate' filed by the respondents and hence there is no impediment in removing the salvage for which neither the Bank of Baroda nor respondents no. 1 have any objection.

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Learned counsel for respondent no. 1 undertakes to provide the original copy of the certificate dated 07.02.2024 annexed as Annexure No. 1 to the counter affidavit along with the signed copy of the Form 35 to the petitioner expeditiously say within next one week.

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Once the respondent no. 1 submits the aforesaid documents to the petitioner, he will be at a liberty to move an application

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before the Permanent Lok Adalat for release of the funds and in case such an application is made and after due satisfaction, the Permanent Lok Adalat shall pass appropriate orders for release of the money in favour of the respondent no. 1.

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With the aforesaid directions, the petition is disposed of.

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(Alok Mathur, J.)

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Order Date :- 22.2.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Icici Lombard General Insurance Company Limited Thru. Manager Legal,Regional Office,Lucknow v. Suryabhan Singh and Another

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Icici Lombard General Insurance Company Limited Thru. Manager Legal,Regional Office,Lucknow v. Suryabhan Singh and Another

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