Bajaj Allianz Insurance Company Ltd. v. Ganesh Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8162 Of 2017 (Through hybrid mode) Bajaj Allianz Insurance Company Ltd.

....

Petitioner Mr. MBK Rao, Advocate -versusGanesh Behera and others ....

Opposite Parties Mr. R.R. Satpathy, Advocate CORAM: JUSTICE ARINDAM SINHA Order No.

ORDER

30.06.2022 6.

1.

Mr. Rao, learned advocate appears on behalf of petitioner (insurance company). He submits, challenge is against award dated 9th May, 2016 passed by the Permanent Lok Adalat (PLA). Though his client has good challenge on ground of jurisdiction of the PLA but his instructions are to pray for enlargement of time directed by the award in allowing inspection to opposite party no.1, regarding basis of repudiation of the death claim.

2.

Mr. Satpathy, learned advocate appears on behalf of opposite party no.1. He submits, by reason of non compliance with direction in the award for allowing inspection, the default direction came into operation regarding payment of the death claim. However, on observation made by Court he submits, appropriate order be made.

// 2 // 3.

Petitioner has three weeks from date to give full disclosure on basis of the repudiation. Opposite party no.1 on discovery will be at liberty to pursue remedy, if available in law, either before the Permanent Lok Adalat or any other forum.

4.

It is made clear in event inspection is not allowed within time directed above, this writ petition will be deemed to have been dismissed.

5.

The writ petition is disposed of.

(Arindam Sinha) Judge Sks