NATIONAL INSURANCE CO LTD & ANR Vs. BALLU

JUDGEMENT

(1.) THE appeal is directed against the order dated 21.10.2011 passed by the District Forum Sawaimadhopur by which in a theft case the appellants have been directed to pay the amount of insurance of the vehicle in question with interest along with Rs. 6,000 as mental agony and other expenses.

(2.) THERE is no dispute that the vehicle was insured during the relevant time. The theft took place in the night of 6.5.2008 and FIR was lodged on 7.5.2008. The Insurance Company was also informed immediately. After investigation the police had also filed FR which was accepted by the competent Court on 16.6.2008.

(3.) THE insurance claim was rejected only on the basis of some report of the investigator that the theft of tractor and thrasher never took place and the vehicle had already been sold by the complainant long back to some other person. The learned Counsel for the appellants submitted that in the particular area there are many instances of such incidents where the insurance claims are made by the persons on the ground of theft of the vehicle. The learned Counsel has referred to a general letter written by an unknown person to the Superintendent of Police, Karauli, a copy of which has also been sent to the Insurance Company to take appropriate steps.