C.W.P. No.21851 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.21851 of 2011 Date of Decision.25.11.2011 M/s BLR Logistiks (I) Limited .....Petitioner Versus The Permanent Lok Adalat (Public Utility Services), Ludhiana through its Chairman and others .....Respondents Present: Mr. Amit Arora, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The writ petition challenges the order passed by the Permanent Lok Adalat, which upheld the claim of the insurance company on obtaining rights of subrogation from the insured for the damages of goods suffered due to an accident that the petitioner-company had caused that led to the loss. On account of accident, the company itself had certified that out of 58 cartons 510 cones were in damaged condition and that 26 cones were alone delivered. The amount of loss assessed by the company was Rs.1,00,000/-. The insurance company had paid Rs.92,940/- to the insured and was prosecuting the action before the Permanent Lok Adalat for recovery of the amount. 2. Learned counsel appearing for the petitioner contends that the amount, which the insurance company had paid to the insured was not done in consultation with the carrier and there was no basis for making C.W.P. No.21851 of 2011 -2- such an assessment. It is the further contention that in the recovery action by the insured against the insurer, he had not impleaded the carrier company also. The objection regarding non-impleadment is clearly untenable, for it is not expected that every insured files a suit for recovery against the insurer. The law casts the liability on the insurer to satisfy the insured's claim on proof of damages and Section 9 of the Carriers Act makes a presumption that any damage that was caused during transportation was on account of the negligence of the carrier. The carrier has to explain that the accident did not result on account of any negligence. The point of law has been correctly discussed by the Permanent Lok Adalat and has awarded Rs.92,940/- which the insurer has paid to the insured and also provided for appropriate interest. 3 I find no defect in the order and the writ petition challenging the same deserves to be dismissed and is accordingly dismissed. (K. KANNAN) JUDGE November 25, 2011 Pankaj*