Iffco-Takio General Insurance Co Ltd v. Surender Yadav & ORS

VINOD KUMAR 2016.06.02 10:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.10813 of 2016 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.10813 of 2016 Date of decision:27.05.2016 IFFCO TOKIO General Insurance Co. Ltd.

...Petitioner

Versus

Surender Yadav and another

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Ravinder Arora, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

This petition is filed to challenge the order of the Permanent Lok Adalat (PUS) dated 16.12.2015 by which an application filed by respondent No.1 under Section 22-C of the Legal Services Authorities Act, 1987 has been allowed.

The only argument raised by the counsel for the petitioner is that the vehicle in question had already been sold and in that regard, he has relied upon the surveyor report.

I have heard learned counsel for the petitioner and examined the available record from which it is found that there is no error in the impugned order because it has been rightly held that the respondents cannot place reliance upon the report of the surveyor who had stated that the vehicle was sold two years back, without leading any other evidence to

VINOD KUMAR 2016.06.02 10:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.10813 of 2016 [ 2 ] ***** prove the sale of the vehicle, which otherwise could have been proved by obtaining relevant documents of sale from the office of the concerned registration authority, as a complete procedure has to be followed under the provisions of the relevant Act for transfer of a motor vehicle. In view thereof, I do not find any merit in the present petition and hence, the same is hereby dismissed.

May 27, 2016 (Rakesh Kumar Jain) vinod* Judge