This is a one-line order disposing of a matter by giving directions regarding the release of funds from the Permanent Lok Adalat after the resolution of a lien dispute over vehicle salvage. It decides nothing of general application.
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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
Hon'ble Alok Mathur,J.
"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.
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.
3. Accordingly, issue notice to respondent No.1. Steps be taken within ten days.
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.
5. List this case on 22.2.2024 in top ten cases."
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.
(Alok Mathur, J.)
Order Date :- 22.2.2024 Virendra
Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench
ICICI Lombard General Insurance Company Limited
Suryabhan Singh
Another
Alok Mathur
As recorded by the court registry
3 orders share this CNR
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