ORIENTAL INSURANCE CO LTD Vs. VIRENDER AND ANOTHER

JUDGEMENT

(1.) The present petition is for issuance of writ in the nature of certiorari quashing the impugned order dated 28.01.2014 (P-1) passed by respondent no. 2 whereby petitioner-Insurance Co has been directed to pay insured amount i.e 4.25 lacs.

(2.) Brief facts of the case are that respondent No. 1 is registered owner of truck trolla 2213 of 10 tyres bearing registration No. HR-46-B1744 model 2000. The said truck was comprehensively insured with petitioner-Insurance Co, vide Insurance Policy No. 2007/3407 valid from 11.02007 to 10.02008 with IDV of Rs. 4.25 lacs. In the intervening night of 06-07.12007, the said truck trolla was stolen by some unknown person when the same was parked after locking the same in front of house of amar Singh at Village Ugala, District Ambala where the said truck trolla was engaged for loading of sugarcane with Adhoi Sugarcane Centre, District Ambala. The matter was reported to police and F.I.R NO. 153 dated 10.12007 was registered under Section 379 IPC at P.S. Barara. The Insurance Company was also informed on 10.12007 about the theft of truck in question and the petitioner-Insurance Co had also deputed an Investigator i.e M/s royal Associates to verify the facts and circumstances of the present loss and after receiving the investigation report and verifying the documents and scrutiny of file, the petitioner-Insurance Co repudiated the claim of respondent No. 1 vide letter dated 25.03.2010 (P-2).

(3.) Against the above said order, respondent No. 1 approached respondent No. 2- Permanent Lok Adalat by way of claim application dated 01.08.2012, which was passed in favour of respondent No. 1 and hence the present writ petition.