ORIENTAL INSURANCE COMPANY LTD Vs. DAULAT RAM

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

(2.) The petitioner-Oriental Insurance Company Limited has filed this petition challenging award dated 05.03.2021 passed by the learned Permanent Lok Adalat (PLA), Union Territory, Chandigarh on various grounds. Learned PLA, while allowing the application under Section 22(C)(1) of the Legal Services Act, 1987, filed by respondent No.1, directed the payment of Rs.43,655/-along with interest on account of theft of a scooter along with Rs.5000/- each for mental agony, harassment and litigation charges.

(3.) Admittedly, the vehicle in question i.e., a scooter belonging to respondent No.1 was stolen. FIR in this respect was duly registered. The police authorities not being able to trace the vehicle, submitted an untraced report. Plea sought to be raised by the petitioner-insurance company is that there is a breach of condition of policy by the applicant/respondent No.1, inasmuch as the insured did not take all reasonable steps to safeguard the vehicle from loss or damage as per condition No.4 of the insurance policy. It is averred that first and foremost, applicant/respondent No.1 allowed his grandson, a minor, to use the scooter for going to school. Moreover, the applicant's grandson left the scooter with its keys therein, therefore there was negligence on the part of the insured, which entitled the insurance company to repudiate the claim.