UNITED INDIA INSURANCE COMPANY LIMITED Vs. MORA DEVI

JUDGEMENT

(1.) This writ petition is directed against the judgment and award dated 04.11.2019 (Annex.9) passed by the Permanent Lok Adalat, Jodhpur Metro, ('PLA') whereby the PLA has accepted the claim of the respondent, quashed the order dated 11.07.2017 issued by the petitioner-Company and has held that the respondent is entitled to a sum of Rs.8 Lakh alongwith interest from the date of application alongwith costs of Rs.10,000/-.

(2.) The respondent herein, inter-alia, filed application before the PLA with the submissions that she had purchased the Bus No.RJ19-PA-4529 after taking loan, the physical verification of the vehicle was done by the insurance company and the same was insured for a sum of Rs.8 Lakh; premium of Rs.31,478/- was paid and a policy for the period from 13.02.2015 to 12.02.2016 was issued. It was indicated that on 19.11.2015, the insured bus, which was operating on Borunda-Jaitaran route, developed some snag, whereby the passengers were shifted to other vehicle and the bus was parked on corner of the road and was locked. On the next day, where at 5:30 am when husband of the respondent with the mechanic went to the site, the vehicle was not there, the same was stolen, her husband on 20.11.2015 registered an FIR with Police Station Anandpura Kalu. It was clarified that the date of registration of report is indicated as 06.12.2015, whereas the respondent had lodged the report on 20.11.2015 and had informed the office of the petitioner through mobile and had produced the requisite documents without any delay.

(3.) The final report was given by the police on 30.12.2015, however, after 11/2 years, the insurance company required the respondent to produce the fitness certificate and to indicate the reasons for delay in the FIR, the respondent immediately produced fitness certificate and informed that the FIR was lodged on 20.11.2015, however, by order dated 11.07.2017, the claim of the respondent was rejected indicating that the vehicle was parked on the road without any security and there was delay in lodging the FIR. In the petition it was claimed by the respondent that the FIR was lodged on 20.11.2015, however, the police registered the same on 06.12.2015, for which she was not responsible.