SHAFAQAT ALI SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) At the very first instance, learned counsels appearing for the respondents submitted that the present writ petition is not maintainable, as such, arguments advanced by the learned counsel for the parties were heard.

(2.) In this writ petition, the petitioner has prayed for the following reliefs:

(3.) It is stated that the petitioner had purchased a vehicle (Bolero SLX) for an amount of Rs.8,50,542.00 from the respondent No. 5 after having availed loan to the tune of Rs.6.50 lacs from the J&K Bank Branch Binoon, Kishtwar. It is stated that the respondent No. 5 was required to register the vehicle before delivery and even to insure the vehicle before the delivery, therefore, Rs.95,400.00 for obtaining insurance policy and Rs.30,000.00 for fee of RTO was also paid. The vehicle was insured with the respondent No. 6. It is stated that the insured vehicle of the petitioner suffered total loss/damage in an accident that took place on 26/12/2019 at Thathri, District Doda, when it fell down from National Highway approximately 300 ft. in Chenab River resulting into injuries and death of the occupants. It is stated that the petitioner after the occurrence took place, lodged a claim with the respondent No. 6 towards the damage of vehicle and loss of human life, but the respondent No. 6 vide its letter dtd. 31/7/2020 declined to settle the claim due to the reason that the vehicle was not duly registered as on the date of loss and also conveyed to the petitioner that the temporary registration of vehicle was after the time and date of occurrence of accident, as the Tax was also not paid at the time of loss.