REENA DEVI Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This matter has been listed today under the heading "For Judgment". At this stage, Mr. Ashok Priyadarshi, learned counsel has appeared on behalf of the Oriental Insurance Company Ltd. and sought permission to make his submissions. In the interest of justice, this Court has heard him.

(2.) After hearing learned counsel for the parties, it appears that the petitioner has assailed the decision of the insurance company as contained in letter dated 30.03.2007, enclosed as Annexure- "5" to the writ application, on the ground that the claim of the petitioner for payment of the insurance amount on account of theft/loot of Mahindra Bolero DIZ bearing Reg. No.JH01K-0520 (in the name of the deceased husband of the petitioner) was closed by the insurance company for no fault on the part of the petitioner or her late husband. The submission on behalf of the petitioner is that the insurance company has decided to close the claim of the petitioner without realizing that submission of the police final report was not in the hand of the petitioner or her husband rather it was the duty of the investigating officer of the case to conclude the investigation within a reasonable time and to submit the final report which was done by the investigating officer within a reasonable time.

(3.) The FIR being Chandauti (Chakand) P.S. Case No.165/2006 under Section 392 of the Indian Penal Code was lodged by one Virendra Giri who happened to be the brother-inlaw (Bahnoi) of the husband of the petitioner alleging that on 16.10.2006 at about 6.00 PM while he was returning after getting treatment from Dr. Sheetal Prasad and the vehicle reached near Bara Gumati, 3-4 persons stopped the vehicle and pointed a revolver at the informant. It is alleged that the informant was asked to come down from the vehicle, thereafter all the miscreants took away the vehicle and cash from the pocket of the informant. The husband of the petitioner thereafter informed the alleged occurrence to the Divisional Manager of the Oriental Insurance Corporation Limited vide Annexure-4 to the writ application.