NATIONAL INSURANCE COMPANY LIMITED Vs. SANDEEP AND OTHERS

JUDGEMENT

(1.) Present writ petition is directed against the impugned award dated 1.3.2016 (Annexure P-1) passed by learned Permanent Lok Adalat (Public Utility Services), Bhiwani-respondent No.3, whereby application moved by respondent No.1 under Sec. 22-C of the Legal Services Authority Act, 1987, was allowed, directing the petitioner-Insurance Company to indemnify respondent No.1 for the financial loss suffered by him, on account of theft of his insured vehicle. Heard learned counsel for the petitioner.

(2.) The basic and material facts which have gone undisputed are that vehicle of respondent No.1 was insured with the petitioner-Insurance Company. Theft took place during the currency of the insurance policy. Incident of the theft took place during the night of 2.9.2012 and on the very next morning, FIR No. 193 dated 3.9.2012 under Sec. 379 Penal Code was got registered, thus, there was no delay on the part of insured-respondent No. 1.

(3.) The only ground taken by the petitioner-Insurance Company to repudiate the claim of the insured was that petitioner-Insurance Company received intimation regarding theft of insured vehicle on 6.9.2012, i.e. after a gap of three days. Having a threat of repudiation of his claim at the hands of the petitioner-Insurance Company, it seems that respondent No.1 was made to submit his consent to the petitioner-Insurance Company that he would accept the claim on lower side, i.e. an amount of Rs. 4,01,482.00 instead of Rs. 5,35,976/-.